Planning for Those With Special Needs

Families who have a family member with a disability must plan for the future very carefully. How assets are left after your death can have a tremendous impact on the quality of life for that person. In the past, a Will may have been enough, but times have changed. To protect a person with special needs, a well-defined estate plan is vital.

How A Special Needs Trust Works

A Special Needs Trust allows a parent, grandparent or guardian to provide funds for a disabled child without disrupting the child’s eligibility for government aid. Setting one up is a fairly simple process. Important points to remember while investigating the use of this estate planning tool are:

• Decide on an appropriate guardian for your child
  
   
• Determine who would be a suitable Trustee(s) to manage the Trust's assets and supervise your child's finances
  
   
• Outline instructions for your child's education, housing, personal and emotional needs

Our law firm helps families address the financial, legal and social aspects of a person’s life to develop an effective plan for the future. Our goal is to ensure that their needs are met and that they have the opportunity to expand their horizons and follow their dreams.

Special Needs Trusts and Personal Injury Settlements

An injured person may need ongoing medical care well after his or her case is settled.  Care may be provided through entitlement programs including New York State's Medicaid program.  In cases where the injured person is receiving government aid, such as Medicaid and Supplement Security Income (SSI), it is important to involve an estate planning attorney well versed with benefits laws and special needs planning to assist the personal injury attorney in incorporating a special needs trust prior to the case settlement.