Key Components of Special Needs Planning

Special Needs Trusts (SNTs):

A legal arrangement that allows assets to be held for the benefit of an individual with special needs without disqualifying them from government benefits. First-Party Special Needs Trusts are funded by the individual’s own assets, while Third-Party Special Needs Trusts are funded by parents, family members, or others close to the individual.

Guardianship and Conservatorship:

When an individual's decision-making capacity is in question, guardianship or conservatorship may be required. A guardian makes personal, health, and living decisions, while a conservator manages financial decisions on behalf of the individual.

Letters of Intent:

Although not legally binding, this document provides guidance to future caregivers regarding the individual’s preferences, routines, goals, and more.

Financial Planning and Government Benefits:

Special care is taken to ensure that the individual with special needs maintains eligibility for government benefits like SSI, Medicaid, housing assistance, and other programs.

Care Directives and Powers of Attorney:

These documents give trusted individuals the authority to make medical and financial decisions on behalf of the individual with special needs. We can perform an assessment of the individual’s competency and draft these documents when appropriate.

Education and Advocacy:

For young individuals with special needs, planning for education and related services must be carefully planned. We can advocate for education plans and other accommodations to protect your child’s rights throughout their educational journey.

Estate Planning and Future Care:

This process includes drafting wills, trusts, and other documents that outline how the estate will provide for the individual with special needs. Proper estate planning also involves identifying successor trustees and guardians to manage the trusts and ensure continued care for the individual.