5 Core Concerns In Special Needs Planning
Planning for the future of a loved one with special needs involves thoughtful consideration of various factors to ensure their security, well-being, and quality of life. In Decatur, GA, understanding the essential components of special needs planning helps families navigate this complex landscape. Georgia Estate Planning Attorney Robert Turner outlines five core concerns in special needs planning and their corresponding solutions.
1. Maintaining Eligibility for Government Benefits
Direct inheritances or assets given to a person with special needs can jeopardize their eligibility for vital, means-tested benefits like Supplemental Security Income (SSI) and Medicaid. These benefits are essential for covering daily living expenses and healthcare costs.
To safeguard these crucial benefits while ensuring financial support, families should implement a Special Needs Trust (SNT). An SNT allows assets to be held for the benefit of a person with special needs without affecting their eligibility for government programs. This legal structure can help your loved one enjoy financial stability without the risk of disqualification from needed assistance.
2. Financial Security and a Special Needs Trust (SNT)
Providing a loved one with financial resources for a lifetime is a common worry for families. They want to ensure that funds are available for their well-being without jeopardizing their government benefits.
A third-party SNT is an excellent solution that protects inheritances and allows the use of funds for supplementary therapies, assistive technology, personal care and other enriching activities that typically aren’t covered by government programs. This strategy enables families to provide their loved ones with the necessary resources to thrive, without compromising on critical benefits.
3. Legal Guardianship and Decision-Making
At age 18, individuals with special needs are legally considered adults, and they may require assistance in making healthcare, education and financial decisions.
Establishing legal guardianship or exploring alternatives such as supported decision-making agreements or durable powers of attorney is essential. Collaborating with a specialized attorney can help determine the best action for each situation, ensuring that your loved one has legal support based on their abilities and needs.
4. A Comprehensive Care Plan
One of the critical concerns is ensuring ongoing care and a high quality of life for the individual with special needs, particularly when parents or primary caregivers are no longer able to provide support.
Developing a comprehensive care plan is vital. This plan should outline future housing arrangements, daily care requirements, therapies and any other specific needs. Creating a Letter of Intent serves as a valuable communication tool for future caregivers and trustees, detailing the individual’s daily needs and preferences to ensure continuity of care.
5. Building a Support and Management Team
The complexity of managing financial, legal and personal care needs often exceeds the capabilities of one person. Ensuring consistent and comprehensive support is crucial for the individual with special needs.
Families should focus on assembling a lifetime management team. This team may comprise family members, professional trustees, attorneys and advocates who can provide the necessary support. By pooling resources and expertise, families can establish a robust support network that ensures the long-term success of the care plan.
Partnering with Turner Law
With over 25 years of legal experience, Georgia estate planning attorney Robert Turner offers families the knowledge and guidance needed to navigate special needs planning. His extensive background in estate, probate and tax law, combined with his qualifications—a law degree, an MBA, and an LL.M. in taxation—ensures that families receive sophisticated estate-planning techniques to fully protect their loved ones and assets.
Frequently Asked Questions (FAQs) about Special Needs Planning
What is a Special Needs Trust?
A Special Needs Trust allows a person with disabilities to receive funds without losing eligibility for important government benefits like SSI and Medicaid.
How can I ensure my loved one maintains their government benefits after my passing?
Establishing a Special Needs Trust can help you leave assets to your loved one while preserving their eligibility for crucial benefits.
What are the different types of guardianship?
Guardianship can be full, limited or temporary. Alternatives like supported decision-making agreements may also be available depending on the individual’s needs.
What should be included in a comprehensive care plan?
A care plan should include housing arrangements, daily living support, medical needs, therapies and a clear outline of who will provide care and manage their affairs.
How often should I review the special needs plan?
It’s advisable to review the plan at least annually or after significant life changes, such as the aging of caregivers or changes in the individual’s needs.
Atlanta GA Special Needs Trust Lawyer
Navigating the complexities of special needs planning can be daunting. However, by addressing eligibility for government benefits, managing finances through trusts, making informed legal decisions and developing comprehensive care plans, families can create a secure and fulfilling future for their loved ones.
Partnering with experienced legal professionals like Robert Turner can provide peace of mind and expert guidance throughout the process. If you are in Atlanta or Decatur, GA, and are ready to discuss your special needs planning concerns, reach out to Turner Law for personalized support.
Posted on the behalf of Turner Law, LLC
