You know there are many legal considerations involved when you are planning for a loved one with special needs. From government benefits and accessing specialists to care management and advocacy, you may find yourself pulled in a myriad of directions. The secret to success? Don’t put off the comprehensive special needs planning you need.
We know this is much easier said than done. Not only is this a difficult topic of conversation as you consider a future when you will not be able to care for your disabled loved one, but there are many challenges that can emerge from the planning process as well. When you choose to work with an experienced special needs planning attorney, however, she can help you not only complete this important estate planning for your loved one, but for you as well.
It is important to plan ahead for the long-term future of your loved one with special needs. It is essential for you to consider what your loved one needs during his or her lifetime with you here, and possibly at a time when you are not. For example, ask yourself these questions:
• How much of his or her care advocacy is dependent on you personally?
• How much of healthcare and financial responsibility can be done without you?
• Is there another person that knows everything you do about his or her care?
• Will his or her care needs change over time?
• Are there nuances to working with doctors or specialists that only you know?
These are just the start to a list of concerns that need to be addressed sooner rather than later. When you are In charge of the well-being of a person with disabilities, you cannot wait for a time that is convenient to plan. It may never be “convenient” and you do not want to set yourself or your loved one up for failure that can be prevented.
During the month of October we focus on National Special Needs Planning Month. While this is something we plan for throughout the year in our firm, it is important to spend time sharing these important planning steps with you here on our blog. You need a comprehensive, Florida focused special needs estate plan that can provide for both your disabled loved one and you. It is critical that you work with an attorney who has specific expertise in this area. Your attorney will not only help you with representing your disabled loved one but can work with you to ensure that your estate planning is comprehensive and up-to-date.
At the core of your planning, you need to ensure your legacy will provide for your child should something happen to you. Planning ahead for a future where you are no longer here is extremely important. You do not want your special needs child to be left to his or her own defenses, or let the court make decisions through the intestacy process in the probate court. Plan to use one of the different types of special needs trusts available. When you work with your attorney, you can create a trust that ensures your special needs loved one can be a beneficiary but not interrupt his or her ability to receive public benefits, such as Medicaid or Supplemental Security Income.
We know this type of comprehensive Florida estate planning is both nuanced and complicated. We are here to tell you one of the main keys to success is to plan ahead both for your disabled loved one and yourself. If you know someone who has a special need, be sure this person is legally taken care of. Do not wait to contact our office today to schedule an appointment.
