Special Needs Planning
Brooklyn Special Needs Planning Attorney
“Special needs” as a term is meant to encompass the variety of individuals, both children and adults, who suffer from some sort of disability, whether developmental or physical, a chronic illness, etc. Individuals who live with these sort of conditions require a level of care that goes above and the beyond what is necessary for otherwise healthy people. For that reason, it’s imperative that family members of those with special needs have a plan in place for the care of their loved one regardless of the circumstances, such as the caretaker passing away, financial struggles and other obstacles.Such a plan may include the creation of a special needs trust for the purpose of providing for the care of the special needs individual for their entire life. A trust most importantly also allows for the individual to receive the maximum available government benefits that apply in their case, while enjoying additional assets.
Michael Kanzer with his vast legal experience has the compassion necessary to handle these types of cases. Our attorneys provide clients with the highest level of professionalism and integrity while dealing with life’s most difficult choices.
When attempting to establish a special needs plan, such as a special needs trust, it’s crucial to work with a qualified attorney that will work out the legal aspects of the situation, like establishing the appropriate legal authority necessary to act on behalf of the disabled person. That process customarily involves an advance directives or a petition for guardianship.
Brooklyn Special Needs or Supplemental Needs Trust
One of the more basic questions potential clients have for us revolves around the necessity of a special needs trust. They wonder why they can’t just leave money to the special needs person in their will. The answer is that yes, of course you can, however, that inheritance doesn’t allow for the same benefits as a trust would. With a trust, they would be more likely to qualify for Supplemental Security Income (SSI) and Medicaid programs. While those benefits leave much to be desired, they can be a big help in providing housing, food and clothing. A Special Needs or Supplemental Needs Trust can be established under government guidelines to provide the special needs individual (who qualifies for/receives SSI and Medicaid) with a better quality of life.
Many wonder if there certain age requirements for the beneficiary that apply when establishing a special needs or supplemental needs trust. For those who are disabled or suffer from a chronic illness, it’s often a wise choice to establish the trust when the individual is still young. This is usually recommended in case the beneficiary is left an inheritance, lawsuit settlement or other “gifts”- these settlement proceeds can be transferred into the trust without monetary penalization and won’t tamper with the beneficiary’s eligibility for benefits from the government.
Contact Brooklyn Special Needs Attorney Michael F. Kanzer
The law office has dedicated nearly two decades to helping individuals through some of life’s most important, and often difficult, decisions. Our attorneys provide the legal know-how you need when dealing with tough choices, and will help guide you through the legal process that applies to your situation. We always strive to achieve the best possible outcome in each of our clients’ unique situations.