special needs planning attorney can provide invaluable assistance in creating a comprehensive special needs plan. Such a plan is essential for individuals with disabilities to ensure their long-term financial security, access to necessary care and support, and protection of government benefits. Here is a detailed explanation of how a special needs planning attorney can help
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Understanding the unique needs
Special needs planning attorneys have expertise in understanding the specific needs and challenges faced by individuals with disabilities. They can assess the individual’s current situation, including their medical condition, level of disability, and future care requirements.
Identifying available government benefits
These attorneys are well-versed in the various government benefits and programs available to individuals with disabilities, such as Supplemental Security Income (SSI), Medicaid, and Medicare. They can help determine which benefits the individual may be eligible for and how to qualify for them.
Preserving eligibility for government benefits
One of the primary concerns for individuals with disabilities is maintaining eligibility for government benefits while also ensuring they have additional financial resources. Special needs planning attorneys can develop strategies to protect eligibility for benefits like SSI and Medicaid while still allowing the individual to have additional funds for supplemental needs.
Establishing a special needs trust
Special needs planning attorneys can assist in setting up a special needs trust (SNT). This trust allows individuals with disabilities to receive financial support without jeopardizing their eligibility for means-tested government benefits. The attorney can guide the individual and their family in choosing the appropriate type of trust, drafting the necessary legal documents, and ensuring compliance with state and federal laws.
Estate planning considerations
Special needs planning attorneys can help individuals with disabilities and their families incorporate special needs planning into their overall estate plan. This may involve designating a guardian or trustee, establishing a power of attorney, creating a will, or considering other estate planning tools to protect the individual’s interests and ensure a smooth transition of assets.
Coordinating with other professionals
Special needs planning attorneys often work closely with other professionals, such as financial planners, social workers, and healthcare providers, to create a comprehensive special needs plan. They can collaborate with these professionals to ensure all aspects of the individual’s care, financial management, and legal needs are addressed.
Regular plan review and updates
Special needs planning is an ongoing process that requires periodic review and updates. A special needs planning attorney can assist in reviewing the plan regularly to ensure it remains effective and relevant as circumstances change over time.