Special Needs Trusts

SPECIAL NEEDS ATTORNEY

Having a child, sibling, or parent with special needs can be daunting. Providing daily care, housing, health care, is not only emotionally tolling, but it can also be financially draining. We understand the unique needs of parents with a special needs child, and we aim to help guide you through every step of the process. 

  • We are here to help advise you now while your child is young and help you create a plan through their adulthood.
  • We can also help when your parents or grandparents age and suffer from dementia or Alzheimer’s. 
  • We know that every family is unique and that every special needs child is unique.
  • We limit the number of families that we serve annually, so that we can provide the ongoing care that is crucial for the lifetime of your special needs child.
  • We also have a network of referral partners, like Special Education Attorneys, Support Groups, Placement Assistance, Regional Centers, and much more.. 

Do you have a special needs individual who can no longer manage their own affairs? Do you need help making sure that your loved one is taken care of after your are no longer able to?

Our clients are like family. We go out of our way to make sure to protect their interests, educate you to make sound decisions,secure their legal rights, and provide recommendations based on your individual needs. 

One of our first recommendations for any special needs family is a Special Needs Trust. 

    

WHAT IS A SPECIAL NEEDS TRUST? 

Simply stated, a special needs trust is a legal document and trust created for people with a disability. It essentially allows them to have an unlimited number of assets and still qualify for government benefits. These benefits include:

  • Social Security Income
  • Medicaid
  • Subsidized housing
  • Vocational Rehabilitation
  • And more

A special needs trust allows for extra care beyond what the government provides, while still being allowed access to government benefits. This type of financially security, often offers a lot of peace of mind. The financial toll of caring for a special needs family member throughout their life can be overwhelming. It is our firm belief that families with a special needs child should not have their benefits capped, because there is always something that needs to be provided.

Assets put into in a third-party special needs trust are not counted as towards public benefit program eligibility. These third party special needs trusts are governed by extremely strict rules so a family lawyer is necessary for navigating and securing a special needs trust  We’re knowledgeable about this process, and would gladly help your family procure a special needs trust. 

   

SPECIAL NEEDS ESTATE PLANNING

Statistics show that five percent of children under 18 have some sort of disability. The burden of caring for these children elevates the need for estate planning. Aside from specialized health care, these children also typically need intensive therapy and special schooling which are all costly.

Parents of a special needs child need to think about the kind of life they picture for their child.  Will your child ever be able to live or work independently? Will the child’s lifespan be shorter? While these questions are often difficult to ask, they are crucial for forming the foundation of your plan.

After the foundation questions are answered, it’s important to determine your child’s eligibility for public and government benefits. In order to be eligible for Social Security Supplemental Income programs and Medicaid, a person with disabilities or special needs cannot have greater than $2,000 in assets.  This means it’s important that a child who could benefit from these services not have any assets in their own name . So, this means that they should not be listed as beneficiaries on retirement accounts, life insurance policies, or in wills, trusts, or pensions. 

     

FREE GUIDE FOR PARENTS OF SPECIAL NEEDS CHILDREN

Email us at pcv@pcvlawyer.com to get our Special Needs Freedom Guide. Learn how to take control of your child’s future and build a wall of protection that will last a lifetime.

This guide will teach you why preparing for your child’s future is so critical (and how to make it as simple as possible for you).

As a parent, you have the responsibility of ensuring that your child’s future is well planned for, even after you’ve passed. As a parent myself, I know how hard it can be to ensure that all the little details have been thought about, so I’ve created this guide to make it as simple for you as possible.

The Special Needs Freedom Guide explains  everything you must know for the complete peace of mind in knowing that no matter what happens to you, your child’s future is secure and your child will be cared for and loved.