Lawndale Special Needs Planning Lawyer

Experienced Lawndale Special Needs Planning Attorney

Planning for the future is especially important when you have a loved one with a disability. A thoughtful special needs plan can help provide them with long-term financial security without sacrificing their eligibility for government benefits. Whether you are the parent of a child with special needs or are planning for an adult family member, a Lawndale special needs planning lawyer can guide you through each step of the process.

Meinzer Law Firm, PC: Work With a Skilled Lawndale Estate Planning Lawyer

At Meinzer Law Firm, PC, we understand that planning for a loved one with special needs requires more than a standard estate plan. We take into account each family’s financial circumstances, care goals, and long-term plans to craft a special needs plan that provides the support your family needs. We have over 25 years of experience when it comes to California’s special needs planning laws, and have worked with countless types of legal tools.

Why Special Needs Planning Matters

Families often assume that they can simply leave money or property directly to a loved one with a disability. While this is true, that inheritance is not necessarily impacted by disability status, not creating a special needs plan can have negative consequences.

In cases where an individual is unable to make financial or legal decisions on their own, passing down property without a clear plan may be irresponsible. Another consequence is that inheriting property normally could leave the person ineligible for government benefits that they rely on.

A special needs planning case can impact many individuals. In California, one in four adults has at least one disability, with 5% of Californians having a developmental disability. California agencies such as Disability Rights California serve over 500,000 Californians. If you have plans on passing down property to a person with special needs, such as a child or other family member, it is important to create a solid plan.

Legal Tools to Use in a Special Needs Planning Case

Effective special needs planning often involves multiple legal documents, or adding a specific type of document in addition to your existing estate plan. Since there are many different options when it comes to legal tools, it is important to hire a special needs planning lawyer who can evaluate your needs and recommend a specific plan. Some of the most common tools used in a special needs planning case include:

• Special needs trusts: A special needs trust allows you to pass on assets through a trust to a person with disabilities without affecting eligibility for certain government assistance programs, including Medicaid or Supplemental Security Income (SSI).
• Wills: A properly drafted will can be used to pass down property. However, another important use is to designate guardianship of minor children. If you have a minor child with a disability, having a plan for their care can provide valuable security and peace of mind.
• Letter of intent: A letter of intent is not a legally binding document, unlike other tools. However, it is an opportunity to provide guidance regarding your loved one’s daily care, financial affairs, medical needs, and other important information. This can be valuable for future caregivers.

Why You Should Hire a Special Needs Planning Lawyer

Special needs planning can be a confusing process, especially because generic recommendations don’t take into account your unique situation and your loved one’s specific needs. A Lawndale special needs planning lawyer can help you put together a strong estate plan that carefully considers how to protect your loved one with special needs.

Depending on your case, a Lawndale special needs planning attorney can help you:

• Determine what type of estate planning tool is right for your case, such as a special needs trust or another tool for passing down property
• Evaluate your loved one’s long-term goals and needs, and how your estate plan can support these things
• Preserve your loved one’s eligibility for SSI, Medicaid, and other benefits
• Help you select qualified trustees
• Update documents as your family circumstances change

FAQs

What Are the Advantages and Disadvantages of a Special Needs Trust?

Special needs trusts can have tremendous advantages for loved ones with special needs by preserving eligibility for government benefits while still being able to inherit property. However, there are downsides, which can include that these trusts can be more complex to set up compared to other types of trusts, must adhere to state and federal special needs planning laws, and can require ongoing responsibility to make sure they are up-to-date.

What Are the Common Special Needs Trust Mistakes to Avoid?

Some common mistakes in a special needs trust case include improperly funding the trust, failing to update the trust after major life changes, or leaving assets directly to the beneficiary instead of the trust. If you work with a Lawndale special needs planning attorney, they can help you avoid these issues, preventing the trust from becoming ineffective when it is needed.

What Can a Special Needs Trust Not Pay For?

What special needs trusts cannot be used to pay for depends on the specific case but often includes housing costs, cash distributions, medical services already covered by Medicaid or Medicare, or gifts for others. If trust money is used on these types of items, it may risk the beneficiary’s government benefits. Often, having the trustee pay expenses directly rather than giving money directly to the beneficiary is also important.

When Should You Start Special Needs Planning?

You should start special needs planning as soon as possible. Many families establish a special needs plan after a child is diagnosed with a disability, while other families incorporate special needs planning into their overall estate planning process. Starting early provides greater financial security and also allows time to adjust the plan as your loved one’s needs and your finances change.

Speak With a Skilled Lawndale Special Needs Planning Attorney Now

Thinking about how to pass on your property to an individual with special needs can be complex, whether you are thinking about maintaining eligibility for government benefits, making sure they have continued financial support, or planning their everyday care. Contact Meinzer Law Firm, PC, to set up a consultation where you can speak with a lawyer about a customized special needs plan.