“Will they have the support they need when I’m gone?
“How can I protect their financial future?”
These concerns are common for parents, guardians, and family members caring for individuals with disabilities. Nearly one in five Americans have a disability, and many families are uncertain about how to plan for their loved one’s future.
Working with a special needs planning attorney can help you put safeguards in place to ensure your loved one has the financial and legal protection they need, even when you are no longer there to care for them.
To make sure you get the support you need, we’re providing five key questions to ask a special needs planning attorney when planning for your loved one’s future.
What Is a Special Needs Planning Attorney?
A special needs planning attorney focuses on helping families secure the long-term well-being of loved ones with disabilities. They can help you put legal protections in place, such as setting up a special needs trust. These measures can safeguard your loved one’s access to government benefits and secure their financial future. A special needs planning attorney can help ensure access to vital resources your loved one needs to maintain their quality of life.
Five Questions to Ask a Special Needs Planning Attorney
A consultation with a special needs planning attorney is a great way to learn more about securing your loved one’s future. During a consultation, the attorney can explain your options and help you consider which legal protections to implement. Here are five questions you can ask during the consultation to help you make an informed choice for your loved one.
1. What Should I Include in My Estate Planning to Protect Them?
When it comes to protecting a loved one with special needs, you’ll want to structure your estate plan so your loved one is financially secure without affecting their eligibility for programs like Medicaid or Supplemental Security Income (SSI).
For many families, creating a special needs trust is the best option. You’ll also want to include provisions in your will, power of attorney, and healthcare directives. Putting these pieces in place creates a comprehensive estate plan that protects you and your loved one.
2. How Can I Protect Their Access to Government Benefits?
Government benefits like SSI and Medicaid have strict eligibility requirements, many based on income and assets. Having assets over $2,000 could make your loved one ineligible for this support. Even if you don’t believe they’ll need these benefits in the future, it’s best to protect their eligibility so they have the option if they need it.
Putting your loved one’s inheritance into a special needs trust shields the assets from government calculations. The trust allows your loved one to use the funds for expenses not covered by benefits, including education, medical treatment, and personal care.
3. What Happens if Their Needs Change?
Life is unpredictable, and your loved one’s needs may change as they age. You’ll want to structure a special needs plan that adapts to their evolving needs. An attorney can include provisions that trigger if certain conditions are met, such as a shift in their care requirements or financial circumstances.
Putting these provisions in place can create peace of mind that your loved one will have the care they need, no matter what the future brings.
4. What Are the Costs Associated With Setting Everything Up?
You’ll want to understand all of the costs associated with making this investment in your loved one’s future. Your attorney can explain the legal fees for drafting trusts, managing documents, and handling reviews. They should provide a clear breakdown of the initial setup costs, ongoing administrative expenses, and any potential charges that may come up in the future.
Knowing what financial commitment you need to make upfront will help you budget for the plan more effectively.
5. How Often Will We Review and Update a Special Needs Plan?
Special needs planning isn’t a one-time event. Laws around special needs trusts and benefits change all the time, and your family’s requirements may also evolve. Your attorney will recommend regular reviews to ensure the plan still provides the protection your loved one needs.
Most attorneys recommend reviewing special needs plans annually or anytime a significant life event occurs.
Protect Their Future With a Special Needs Planning Attorney
Planning for the future of a loved one with a disability can be challenging and uncertain, but you don’t have to do it alone. An experienced special needs planning attorney will take the time to understand your family’s needs and help you create a plan that secures their future and gives you peace of mind.
Auld Brothers Law Group is committed to helping families like yours. Our experienced team can help you create a special needs plan, including establishing a trust that protects your loved one’s access to government benefits and adapts to their changing needs.
Contact us today to schedule a consultation and learn more about how we can support your family with this important task.