special needs planning attorney is a legal professional who specializes in assisting individuals with disabilities and their families in planning for their future. These attorneys have a deep understanding of the complex laws and regulations surrounding government benefits, estate planning, and special needs trusts.
The primary role of a special needs planning attorney is to help families create a comprehensive plan that ensures the financial security and well-being of a person with special needs. They work closely with the individual and their family to understand their unique circumstances, goals, and concerns. Based on this information, the attorney develops a customized plan that addresses various aspects, such as government benefits, healthcare, housing, education, and employment.
One of the key areas of expertise for a special needs planning attorney is government benefits. They have a thorough knowledge of programs like Supplemental Security Income (SSI), Medicaid, and Medicare. These attorneys can guide families on how to qualify for and maximize these benefits while preserving the individual’s eligibility. They help families navigate the complex application process, understand the income and asset limits, and ensure compliance with reporting requirements.
Another crucial aspect of their work is creating special needs trusts. Special needs trusts are legal instruments designed to protect the assets of a person with disabilities while maintaining their eligibility for government benefits. Special needs planning attorneys help families establish and administer these trusts, ensuring that the funds are used to supplement, not replace, government benefits. They also provide guidance on selecting a trustee and drafting the trust document to meet the specific needs of the individual.
In addition to government benefits and special needs trusts, these attorneys assist families in developing comprehensive estate plans. They help families understand the importance of naming a guardian or conservator for the individual with special needs, as well as creating a will or a living trust. They also provide guidance on designating beneficiaries, establishing powers of attorney, and addressing tax implications.
Special needs planning attorneys may also offer guidance on other related legal matters, such as advocating for educational rights, accessing vocational rehabilitation services, or navigating the Social Security Administration’s disability determination process.
In summary, a special needs planning attorney is a legal professional who specializes in assisting individuals with disabilities and their families in creating comprehensive plans for their future. They have expertise in government benefits, special needs trusts, estate planning, and other related legal matters.