Preparing for the future when you are a primary caregiver for someone with a disability can be challenging. Special needs estate planning ensures your loved one will have the legal and financial support they need if or when you can no longer provide that care yourself.
A hard-working Somerset special needs planning lawyer is available to review your family’s needs and prepare your estate documents. The compassionate estate planning attorneys at Sechler Law Firm are here for you.
While most people think of estate plans in terms of what happens after someone’s death, these plans also take effect when the creator becomes ill or incapacitated. Estate planners may customize these legal documents to address the needs of a loved one with special needs. Some steps you can take to protect your loved ones include the following:
Parents of children with special needs should plan for the event they become incapacitated and name a guardian who may take over parental responsibilities. Once a child with special needs turns 18, their family may work with a legal professional to prepare a will and power of attorney on their behalf.
You must ensure these estate documents use clear language to describe the quality of care an individual needs and deserves. A compassionate attorney could go over special needs estate planning options available to a Somerset family and create legal documents that fit their unique needs.
A Special Needs Trust, or Supplemental Needs Trust, is an estate planning document designed to hold assets for beneficiaries with disabilities. The trust maker or grantor can place assets into the trust without affecting a beneficiary’s eligibility for Medicaid or Supplemental Security Income benefits. Under Pennsylvania Statutes § 1414, the trust can provide supplemental income and help with needs including:
If the trust still holds assets at the time of the beneficiary’s death, the remaining funds must go to the state. A seasoned special needs planning lawyer in Somerset could draft trust documents in compliance with state law and ensure the estate representative carries out the grantor’s wishes.
Planning your estate can be stressful, but these plans are essential when you have someone with special needs under your care. You cannot anticipate what will happen in the future, so it is best to have a comprehensive plan in place in the event you become ill or incapacitated.
Planning your estate to support beneficiaries with special needs is complex, and there are additional steps you can take to ensure your loved one receives appropriate care and financial support. A proactive Somerset special needs planning lawyer could help you explore your options and prepare for the unexpected. Call Sechler Law Firm today to learn more.