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At the Baddour Law Firm, we provide assistance to our clients with a special needs loved one. It takes a comprehensive understanding of the law to provide accurate advice and proper estate planning to ensure maximum protection for your special needs loved one. Do not hesitate to contact us for a complimentary consult to discuss your loved ones specific needs.
Special Needs Trust
If you have a special needs child, it is critical to include a special needs trust as part of your estate planning. Otherwise it could cost your child lost government benefits as well as fewer resources, upon your passing away. We understand special needs planning; give us a call. A Special Needs Trust can hold money and assets for the care of your adult child. A Special Needs Trust will protect your child’s money and keep their savings below the Social Security and Medicaid resource limit. A Special Needs Trust also enables you or someone you appoint to protect these assets and advocate for your child.
A Special Needs Trust is a very specific kind of trust that offers the option of keeping someone eligible for government benefit programs yet still receive benefits from a supplemental fund. This supplemental fund can pay services and goods not covered by governmental benefits. A Special Needs Trusts can be established with funds both by the individual who is receiving public benefit programs or by a caregiver or loved one such as other family members. There are several kinds of Special Needs Trusts with different titles, however they all have one thing in common, they help protect the individual's public benefit programs.
If you think your child is not able to make decisions on his/her own, and perhaps can be taken advantage of, you should consider filing for Guardianship. Guardianship is an important issue for parents of children with special needs because when a child turns 18, parents are no longer legally entitled to decide things on their behalf.
A guardian or conservator is a person charged with overseeing care for someone else and is responsible for making financial, legal, and medical decisions, such as where the person will live. A guardianship can be full or limited. If limited, the guardian only oversees certain issues.
To obtain a guardianship you must prove that your child is unable to handle decisions on matters such as money, property, or other issues. Guardians receive the right to make decisions on their adult child’s behalf, although they are not legally obligated to support their child financially.