Long Beach Special Needs Planning Lawyer

Long Beach Special Needs Planning Attorney

Special needs individuals often deal with many struggles that marginalize them. Sometimes their long-term safety and well-being depend on whether a proper estate plan is in place. Whether you have special needs or you’re caring for someone who does, a Long Beach special needs planning lawyer can help you make these arrangements.

Many people who need a Long Beach estate planning lawyer turn to our team. Meinzer Law Firm, PC, has a strong reputation for helping people develop strategic plans for themselves and their families. With our knowledge of special needs planning laws and our sensitive approach to these personal matters, we’re a trustworthy resource you can rely on.

Understanding Special Needs Planning Laws

Special needs planning laws were enacted to acknowledge the considerations that special needs individuals and their family members need to make for the future. These plans are crucial for maintaining financial and health stability.

California Probate Code 3600-3613 discusses the processes involving special needs trusts. There are also federal statutes governing these matters. For example, 42 U.S.C. 1396p(d)(4)(A) discusses first-party special needs trusts and their role in settlements or inheritances. While these concepts can be complex, you can get situation-specific guidance when you hire a special needs planning lawyer from our firm.

When Is Special Needs Planning Useful?

Special needs planning offers a forward-thinking approach to financial and legal matters, streamlining critical decisions. This is especially true in situations like:

• When a child or family member has a developmental or intellectual disability
• When someone receives benefits for a physical or mental disability
• When a person with a disability receives a personal injury settlement or inheritance
• When families are concerned about a disabled individual’s care after the caretaker’s death

This approach to planning can be used by parents of minor children or adult children. It’s also valuable for guardians or conservators who are already managing assets for disabled individuals and want to calculate their future needs to modify agreements accordingly.

How a Long Beach Special Needs Planning Attorney Can Help

A person who is caring for a loved one with special needs only wants what’s most appropriate for them. A lawyer can make thoughtful suggestions about issues you may not have considered and offer case-specific guidance based on past special needs planning matters we’ve covered.

For example, a person may not be able to think of all the legal documents and financial needs their loved one may have, simply because the scope of these matters is so broad. Likewise, they may not know how one financial decision could impact another, such as how savings impact tax obligations. Our firm can work with you to consider the full needs and far future of your loved one, giving you, them, and their potential future caretakers more certainty and confidence.

Specific Cases Where Special Needs Planning Could Prove Valuable

When a person has special needs, every day can present new questions. But even you, as their caretaker, or the financial and legal systems you work within, can also bring challenges that property planning may address. Special needs planning can be very helpful in a variety of situations, including:

• Your loved one’s health grows worse. About 6.6 million adults in California struggle with mental illness. These and other forms of illness and disabilities can worsen, necessitating new forms of care that may last the sufferer’s entire life.
• Your ability to care for a loved one changes. While you may feel confident making decisions for a disabled loved one, your abilities could change as well. Consider that there are about 40,000 vehicle deaths per year, plus many other accidents that could happen and take you out of your loved one’s life.
• Your loved one’s financial situation is subject to strict rules. In many cases, a person with a disability may receive benefits. California has over 691,000 blind or disabled individuals receiving SSI, but bringing in too much income through wages, gifts, or inheritance, or even missing paperwork deadlines, can leave your loved one without the resources they need.

When you have a special needs planning attorney to support you, it’s much easier to plan for life’s uncertainties. Though you can’t control your loved one’s needs or even your ability to be there, you can gain peace of mind by planning ahead for these uncertainties.

FAQs

Where Is a Special Needs Planning Case Heard in Long Beach?

A special needs planning case in Long Beach will likely be heard at the Los Angeles County Superior Court, specifically in the probate division. When you have a court appointment, our team can help you gain insight about court locations, schedules, and procedures. Whether it’s an initial hearing for setting up a plan or a hearing to enact it, our team can stand by you in Long Beach.

Can a Special Needs Plan Be Changed?

Yes, a special needs plan can be changed. This is somewhat common, as an individual’s needs can vary with changes in their health. A person may also be under the care of multiple family members, so different people can be given decision-making authority over the plan, or for specific matters within it.

Can Special Needs Planning Include Trusts?

Yes, special needs planning can include trusts, and this can sometimes be more common than direct inheritances. Those with special needs plans may have someone assigned to manage the amount of income and inheritance they can receive at one time and to govern their spending habits in accordance with the wishes of caretakers.

How Long Does Special Needs Planning Take?

Special needs planning can vary in terms of its timeline, as a plan may be simple or complex depending on what it covers. For individuals eligible for multiple government programs or with multiple medical needs to manage, plans can be more complex because they must consider how these variables interact. Plans can also include ongoing support for periodic updates.

Hire a Long Beach Special Needs Planning Lawyer

When you have a loved one with special needs, or you have them yourself, forward-thinking can be extremely valuable. With the help of our dedicated team at Meinzer Law Firm, PC, you can get support in developing a thorough plan tailored to your unique needs. We’ve received many positive reviews for our commitment to client satisfaction in our 20 years of service. Contact us today to learn more.