Special Needs Planning

Special needs planning is an important and impactful area of law, and the team at The Law Offices of Samantha K. Wolfe, is ready to assist you. Special needs planning is a process that helps any person or family member who has a disability qualify for public benefits or to maintain public benefits after receiving an inheritance or bequest when you die. Early planning helps an individual to continue to qualify for benefits. An inheritance can jeopardize an individual’s ability to qualify for government benefits. If you wait too long to plan, there are fewer options available, so we encourage you to be proactive.

We offer some tips regarding special needs planning.

Tip #1. Meet with an experienced attorney to ensure that your documents are in order. If you are including an individual who has special needs as a beneficiary of your estate, we counsel you on the best way to include that individual as part of your estate plan. We may recommend that you include a guardian in your last will and testament to ensure that there is someone ready to provide support if you are no longer able to provide care.

how do i start with special needs planning

Tip #2. You need to ensure that your documents are in order but also the individual who has special needs. There may be certain foundation documents they should execute to protect themselves. We recommend a financial power of attorney, health care power of attorney, living will, and mental health power of attorney.

Tip #3. Consider a special needs trust. A trust can help an individual initially qualify for benefits as well as allow an individual to maintain benefits after receiving an inheritance.

Tip #4. If an individual has a disability and is unable to execute a power of attorney, you may need to obtain a guardianship.

Tip #5. If an individual has a disability and is unable to execute a power of attorney, you may need to obtain a guardianship.

Special needs planning is important to you and to the individual who has special needs.

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Contact us today to schedule a free initial consultation. We are committed to providing mindful legal direction for you and your future generations.