Your Brandon Special Needs Estate Planning Attorney
Special Needs Estate Planning Lawyer Brandon, FL
Families who have a member with special needs or a disability understand how challenging life can be. What many do not realize is that estate planning can help alleviate many of the financial burdens that affect their family. Parents of a child with special needs have options to enhance their child’s life without jeopardizing their government benefits, like Social Security Disability and Medicaid.
A Brandon, FL, special needs estate planning lawyer can help you understand how proper estate planning, including establishing a special needs trust, can benefit your child with special needs, even after they become an adult. The legal team at Morton Law Firm can help you learn more about resources in your community and legal protections you can put in place to protect your adult child with special needs so that you can trust they are protected and provided for, even after you pass away. Contact us today for a personalized consultation.
How Can A Brandon Special Needs Estate Planning Lawyer Help My Family?
Families with special needs children understand just how valuable government programs like Medicaid, vocational training, food stamps, Social Security Disability (SSI and SSDI), and subsidized housing are for their adult child with special needs. These programs have strict income limits for eligibility; many recipients cannot earn enough on their own to offset the cost of supporting themselves if they become ineligible for support and assistance. If an adult with special needs inherits or is gifted a lump sum of money, they may lose their benefits eligibility.
Estate planning for someone with special needs involves putting legal protections in place so they can still inherit yet preserve their benefits. This is chiefly done through establishing a Special Needs Trust (SNT), set up by a knowledgeable estate planning lawyer. The assets and money placed in the trust may be used for the betterment of the beneficiary’s life. The main difference between an SNT and other types of trusts is that the special needs adult has no control over the assets in the trust and, therefore, is not considered legally in possession of them. You may place an inheritance for your special needs child in the trust instead of bequeathing it outright, and then the trust administrator uses the funds in the trust to cover needs that the government benefits do not.
Legal Protections For Your Adult Child With Special Needs
An SNT isn’t the only type of legal protection our attorneys can draft for your family. If you designate a guardian or caregiver for your loved one with special needs, you may wish to leave instructions to help them better care for your child.
A Letter of Intent can contain information regarding your child’s:
- Medical and psychological treatment team and the current plan
- Medications, dosage amount, and schedule
- Food sensitivities, preferences, and any allergies
- Daily routine, including any personal care needs they require assistance with
- Likes, dislikes, and any triggers
- Religious beliefs or worship practices
- Birthday and other holiday traditions and ways to celebrate
- Any education or vocational training, or their employment and schedule
This can also be part of your own estate plan, so you can confidently face the future knowing that your special needs child will be properly cared for.
If you have a minor or adult child with special needs, estate planning can help you protect and provide for your loved one. We can help you. Contact Morton Law Firm today for a consultation with an experienced Brandon special needs estate planning lawyer.