Proper planning is especially critical for clients who have children or other loved ones with disabilities. Attempts to set aside funds for a disabled beneficiary may render the beneficiary ineligible for public assistance to which he or she would otherwise be entitled (such as Medicaid and Supplemental Security Income). Most often, it will require a combination of family funds and public assistance to provide adequately for the lifelong comfort and care of a disabled beneficiary.
Our attorneys assist clients in achieving a positive outcome in this regard through Special Needs Planning, including:
Special Needs Trusts – trusts which allow the trustee to expend funds for the supplemental needs of disabled beneficiaries in a manner which does not cause the loss or interruption of government benefits.
Self-Settled Special Needs Trusts – established with the disabled beneficiary’s own funds.
Third-Party Settled Special Needs Trusts – established with gifts or bequests from family members for the benefit of the disabled beneficiary.
Guardianship and Conservatorship for Incapacitated Adults – grants parents or other individuals legal authority to handle the affairs of a disabled person.