A special needs planning attorney provides help to parents in making certain that their children will be provided for if those children have disabilities. It is important to make detailed plans for what will happen to your disabled children after you pass away and Nirenstein, Horowitz & Associates can provide the assistance you need to put the right plans in place.
Nirenstein, Horowitz & Associates will work closely with you to address the specifics of your situation and to make a plan that is right for your disabled child. You should give us a call ASAP to find out about the ways in which a special needs planning attorney at our firm can help you. You can also read on to learn some of the key things that you need to know if you are the parent of a disabled child.
1. You need to name a guardian for your kids
You need to make sure that you’ve named a guardian or conservator for your child with special needs so the right person can provide care and assist with decision-making if you are not around. It’s important to name a guardian or conservator even if your child will be living in a care facility after you pass away because you want to ensure that someone is looking out for the child, managing his or her inheritance and making the right decisions on his or her behalf.
2. You should make sure there’s money available to provide for them
It can be costly to ensure your special needs child has the right care after you are gone. It is often a good idea to purchase a life insurance policy so there is money available to pay caregivers or to pay for institutional care. You’ll also want to make sure your disabled child has enough money available to have the highest possible quality of life if your chiłd is not able to work on his or her own.
3. You should explore options for where your kids will live ASAP
If something happens to you and you can’t care for your disabled child any more, you want your child to live in a safe place with the right caregivers. This could mean moving to live with a relative or living in an institutional environment.
You should have plans in place long before you get old because you never know when something might happen to you. Don’t assume you have plenty of time to select a caregiver for your disabled child later on.
4. You could put means-tested benefits at risk if an inheritance isn’t structured properly
While you want to provide financially for your disabled child, you need to be careful about how you do so because you could jeopardize access to Medicaid, Supplemental Security Income, and other means-tested benefits.
If your disabled child inherits directly from you, the money and assets could result in the child having too many financial resources to qualify for means-tested benefits any more. Creating a special needs trust allows you and your child to avoid this undesirable outcome.
5. You should act to ensure money you leave to your child is managed appropriately
When you leave money to a child who is disabled, there’s a good chance your disabled child is not going to be able to manage the money himself or herself. You don’t want the inheritance to be misused or mismanaged so it is important to make sure that you have a trusted person who will handle the assets that you’ve provided.
If you create a special needs trust, you can name a trustee who you believe has the knowledge and willingness to appropriately manage trust assets. You can create a trust document that provides specific instructions for how the funds should be used in order to have the maximum control over how your wealth is used to care for your disabled child after you are gone.
Getting Help from a Special Needs Planning Attorney
These are just some of the key issues that parents of disabled children need to consider. It is important to work with a special needs planning attorney to ensure you have the right plans in place and to ensure you have made effective use of legal tools to best provide for your child.
To find out more about how Nirenstein, Horowitz & Associates can help you, join us for a free seminar. You can also give us a call at 860-548-1000 or contact us online to get personalized advice and help creating your special needs plan. Call today so you can have the peace of mind of knowing your disabled child will be provided for financially and cared for appropriately after you are gone.
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