Special Needs Planning

We find that a special needs trust is the most reliable method to ensure that our clients pass their assets to a loved one with a disability without jeopardizing that loved one’s government benefits.  Unfortunately, we have too often seen that plans drafted by attorneys that are not well-versed in special needs issues can cause loved ones to lose government benefits and, at the very least, cause a trust or estate unnecessary expense in administration.

A properly drafted special needs trust, created either as a stand-alone trust or as part of a revocable trust, will ensure that the assets in the trust do not replace the loved one’s government benefits, but rather supplement those benefits.  Thus, assets used to fund a special needs trust can be used to provide a loved one with extra medical care, furniture and furnishings, vacations and companionship, benefits advocates, and other items and services to enhance that loved one’s self-esteem and living situation.

Planning for the future of a loved one with a disability can often seem overwhelming to our clients, but it is especially important the time is taken to address these planning issues with patience and sensitivity.   

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