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.

Choosing The Right Trustee For A Special Needs Estate Plan

Our Brandon, FL special needs estate planning lawyer knows that when creating a special needs estate plan, one of the most important decisions is selecting the right trustee. This individual or institution will be responsible for managing the trust, making decisions about the funds, and overseeing the beneficiary’s well-being. The person you choose will have a significant impact on your loved one’s future, so it’s essential to take the time to choose someone who will carry out your wishes with care and competence to protect your estate plan. Attorney Morton has been helping guide clients through estate plans since 2000, so trust him with yours.

The Role Of A Trustee

A trustee manages the assets in a special needs trust, ensuring that they are used to benefit the individual with special needs while also protecting their eligibility for government benefits. Trustees must handle funds responsibly, make informed decisions, and maintain detailed records. This is not a task that should be taken lightly, as the trustee will be responsible for not only managing financial matters but also for making decisions about medical care, housing, and other critical aspects of the beneficiary’s life.

Traits To Look For In A Trustee

Our compassionate Brandon special needs estate planning lawyer understands that choosing the right trustee means finding someone who is reliable, trustworthy, and capable of handling the responsibilities involved. Ideally, the trustee should have some understanding of special needs or be willing to learn about the unique challenges the beneficiary faces. Here are some key traits to look for:

• Trustworthiness. The trustee must be someone you can rely on to act in the best interests of the beneficiary, especially when it comes to managing money.
• Financial Responsibility. Managing a special needs trust involves handling significant financial matters, so the trustee should have basic financial literacy and organizational skills.
• Good Judgment. Trustees must be able to make decisions that reflect both the financial needs and emotional well-being of the beneficiary.
• Patience and Compassion. Working with someone who has special needs requires patience and understanding, as the beneficiary may need extra support in many areas of their life.

Family Member Vs. Professional Trustee

One of the key decisions when choosing a trustee is whether to select a family member or a professional trustee. Each option has its pros and cons.

A family member may have a deep understanding of the beneficiary’s needs, preferences, and values. They may also be more emotionally invested in the beneficiary’s well-being. However, managing a special needs trust can be a time-consuming and complex task. Not all family members are equipped to handle the financial and legal responsibilities, and there may be emotional challenges involved in making difficult decisions.

A professional trustee, such as a financial institution or a trust company, can offer expertise in managing the trust and ensuring compliance with the laws governing special needs trusts. These professionals have experience managing trusts and can provide stability, especially if there are concerns about the family member’s ability to handle the role. On the downside, professional trustees may be more expensive and less personally invested in the beneficiary’s life.

Regular Communication And Support

Regardless of whether the trustee is a family member or a professional, regular communication and support are critical. The trustee should have clear guidance on your wishes for the beneficiary’s future and should work closely with caregivers, medical professionals, and other family members to meet the beneficiary’s needs. Ongoing communication ensures that everyone involved is aligned with the goals of the estate plan and helps foster a cooperative relationship.

Let Us Help You Choose The Right Trustee

Choosing the right trustee for your special needs estate plan is an important step in securing your loved one’s future. At Morton Law Firm, we understand the complexities involved in making this decision and are here to help guide you through the process. Attorney Morton has 25 years of estate planning experience. If you’re ready to create or update your special needs estate plan, contact us today to speak with our Brandon special needs estate planning lawyer.