Special Needs Law

Estate Planning and Special Needs Trust  

Estate planning for caregivers of an individual with disabilities involves planning for the individual’s long-term living arrangements, personal care needs and anticipated needs.  One way of ensuring that all of these needs are met while preserving the individual’s qualification for governmental programs is by establishing a Special Needs Trust.   

A Special Needs Trust is a special kind of trust for a person with disabilities designed to preserve public benefits eligibility.  When setting up a Special Needs Trust, it is important to speak with others who may wish to leave the beneficiary of the trust assets. These individuals need to leave these assets to the established Special Needs Trust and not directly to the beneficiary.

Whether the individual with disabilities is just an infant or an adult, it is a very important decision of who will act as Trustee of the Special Needs Trust. It is just as important to have alternate Trustees assigned in the event that the first appointed Trustee is unable to fulfill this duty.


Guardianship and Conservatorship

Do you have a child with disabilities who is about to turn 18?  If so, it is in your child’s best interest for you to establish guardianship and conservatorship before an emergency occurs.

Guardianship needs to be established after a child with disabilities turns 18 and cannot make and carry out decisions that pertain to his or her personal welfare and basic needs.

Conservatorship needs to be established after a child with disabilities turns 18 and is not able to take care of their finances or estates.