Special Needs Planning
Special needs planning may be needed for a child born with special needs or an adult. In both instances, there are several issues that need consideration including, but not limited to the following:
- Is a Guardianship proceeding necessary to appoint someone to make health and financial decisions for the disabled individual?
- What type of Guardianship proceeding (Article 17A or Article 81) is appropriate?
- When should a family start the Guardianship proceeding?
- How can family and parents provide for a special needs person? Should they be excluded from your will or estate plan? Is there a better solution, such as a trust?
- Who should be named as trustee for a trust set up for a disabled person’s benefit?
- What are the responsibilities of a trustee?
- Is a Special Needs Trust appropriate and who can create it?
- Is a Supplemental Needs Trust appropriate and who can create it?
- What is the difference between Special Needs Trusts and Supplemental Needs Trusts?
- Governmental programs that may be available such as:
- Supplemental Security Income
- Social Security Disability Income (SSDI), and
- Medicare (yes, even if they are less than age 65).
Free consultation We offer a free initial consultation with an elder law and estate planning attorney.Call : 631-979-4300