PROTECTING YOUR LOVED ONE WITH SPECIAL NEEDS

Every parent of a special needs child secretly wonders, “What will happen to my child when I am gone?” and “How will he/she be provided for financially in my absence?”

Brainin Law Office can help you answer such questions.

Schedule a Legacy Planning Session today and discover:

  • How to make an effective plan for your special needs child so you can rest easy knowing your child will be cared for physically and financially when you are gone.
  • What are Special Needs Trusts and how to use them.
  • How to ensure you are working with the right legal and financial advisors for your child… and how to avoid being taken advantage of in the process.
  • Critical steps in protecting a special needs child should the parent ever become incapacitated or unable to care for them on a short-term OR long-term basis.
  • How to set up a long-term support system for an individual with life-long disabilities… which is critical to the quality of their overall care.

WE HELP YOU . . .

LEGALLY NAME GUARDIANS

Naming legal guardians is critical in making sure your special needs child is cared for by the people you want, in a way you want, if something unexpectedly happens to you and/or your spouse.

Let’s face it: Caring for a Special child can be challenging. That’s why you’ll want to choose someone who will love and care for your child in your absence the way you do. You also want someone who will strive to give your child the opportunities and quality of life he or she deserves.

When choosing legal guardians, look beyond the obvious choices. Many times parents choose a guardian simply because they have the most financial resources at their disposal. But you’ll learn exactly how to fund your child’s care so you can worry less about finances and focus more on finding the right person to care for your child if the unthinkable occurs.

Instead, consider the candidates whose values and outlook on life are similar to your own. You’ll also want to choose someone who is committed to your child for life, as many Special children require supervision and support well into their adult years.

Once you have decided upon your trusted guardians, document your wishes accordingly. Leave a copy of your legal documentation with your chosen caregivers, in addition to your child’s school, babysitters, and even neighbors so everyone knows exactly who to call if something happens to you.

SET UP A SPECIAL NEEDS TRUST

A “special needs” or a “supplemental needs” trust is a legal tool used by families to ensure their child has enough financial resources to meet their future needs without jeopardizing their eligibility for state or governmental aid.

If your child already receives benefits from Social Security or Medicaid, you know they are very limited and cannot possibly cover all the expenses necessary to enjoy the quality of life you desire for your son or daughter.

For that reason, many well-meaning parents will choose to leave their special needs child a large portion of their estate in a will, without realizing their child could lose their benefits as a result. (Which, in the case of Medicaid, may be the only health care option available to your child!)

Instead, parents of special needs children can set up a special needs trust which will “hold” such assets for your child without actually putting them in his or her name. The assets in the trust will then be administered by a trustee of your choosing and according to the rules you set forth in your estate plan.

This is the safest way to ensure your child will never require handouts and has everything he or she needs to enjoy a full, abundant life if your sudden death or incapacity occurs.

BUILD THE RIGHT SUPPORT TEAM

As much as we hate to admit it, no parent is invincible. At some point disability, illness, or even death may prevent you from giving your child the care he or she deserves.

That is why it’s critical that you start building a team of caregivers and trusted advisors now who can immediately jump in on your child’s behalf if a crisis situation occurs.

Starting now will also help to ensure that you have the right people in place who will not take advantage of your child when he or she needs help the most.

Ideal members of your team may include your chosen guardians, a trusted doctor or specialist, an estate planning attorney, a financial advisor, and dedicated family and friends.

As a final note, be sure to communicate regularly with your trusted team members about things such as your wishes, desires, and expectations for your child so they know exactly what to do and how to help if called upon in an emergency.

At Brainin Law Office the long-term care and protection of your child is our top priority. We recognize that just as the physical needs of your child are unique, so is your estate plan.

Call us today at 650-422-3313 and schedule a Legacy Planning Session.

Allow us the privilege of working closely with your family to ensure your child stays protected and enjoys the quality of life he or she deserves… no matter what!

Download These
Free Reports by
Attorney
Gary Brainin

Seven Steps to Handling Your Loved One's

Surviving The Sandwhiched Years

Get The Government To Pay For Your Long-Term Care

Hope For Caregivers: ABCs of Long-Term Care and Legal Planning

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