In What Situations is a Special Needs Attorney Needed?

A special needs attorney is needed when you are the parent or guardian of a child who has a serious disability and you need to make plans for what will happen to the child after you are no longer able to provide care. However, this is not the only example of a situation where you should talk with a lawyer if someone you love is disabled. If you are planning on making any kind of a gift to a disabled person, you should talk to a lawyer first to make sure that you structure the gift in a way that does not impact benefits that the person with disabilities may be counting on. 

Nirenstein, Horowitz & Associates provides many different kinds of help with the special needs planning process. We help parents and guardians to create a detailed and comprehensive plan to make sure their children are always going to be safe and provided for, even when parents are no longer present to offer care and support.

We also offer assistance to those who want to give money or property to a person who is disabled, so we can help you to make sure that your gift enhances quality of life rather than causing problems.

Making plans to provide for a person with special needs can be complicated, and mistakes could be very costly. Don’t try to make these plans on your own. Reach out today to talk with a special needs attorney at our firm about the ways in which Nirenstein, Horowitz & Associates can help.

When Do You Need a Special Needs Attorney?

As soon as you become responsible for caring for a disabled person, whether that person is a child or an adult, you should talk with an attorney to put a special needs plan in place. You will want to find out how to ensure that your loved one with a disability has a safe place to live when you can no longer provide one. This may mean finding a group home, a halfway house, or some type of institutional living environment. Nirenstein, Horowitz & Associates can help you to research options and create your plans.

You’ll also want to make sure that there is enough money to pay for the needs of the disabled person if you are currently providing financial support, since some day you may be unable to provide this money. Nirenstein, Horowitz & Associates can provide you with advice on purchasing a life insurance policy and structuring the policy so the payout is used to provide for the person with special needs who you are supporting.

Naming a guardian to take over for you is also vital, even if the disabled person you are caring for will move into a group home. Someone you trust should be put in charge of managing the affairs of the disabled person and making decisions on his or her behalf. It is important that you put a guardianship plan in place right away because you never know when something could happen to you and your disabled loved one could be left unprotected.

If you are not in charge of providing care for a disabled person but want to make a gift, Nirenstein, Horowitz & Associates should also be consulted. A special needs attorney at our firm can explain to you the risks of making a gift of money or property. Not only might the disabled person be unable to manage the assets, but you could cause a loss of access to means-tested benefits like Medicaid or Supplemental Security Income if the gift is too valuable.

You can use tools like a special needs trust to solve both problems, since the assets held in the special needs trust won’t be counted as resources for determining Medicaid eligibility and since the trust format will allow you to name a trustee to manage the assets and use them for the benefit of the disabled person.

Getting Help from A Special Needs Attorney

Nirenstein, Horowitz & Associates will work with you now to put a plan in place, as you never know when something unexpected could happen to you that affects your disabled loved one. Let us work with you to put a guardianship plan in place today for the disabled person you are caring for or to help you to make your generous financial gift in the most appropriate way possible.

To find out more about the special needs planning services that a special needs attorney at our firm can provide to 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 begin putting your plans in action.