Special Needs Planning

Special Needs Requires A Special Plan

Planning For The Future Of Your Loved One With Special Needs?

Special Needs Planning is one of our core practice areas. At Elder Law Associates PA, our attorneys will help you with Medicaid Planning and planning for your loved one with special needs trusts and comprehensive estate planning.

We recognize that caregivers do not add up the cost of support and caring for an individual with a disability. Caregivers provide many services naturally and willingly to loved ones to help enhance their quality of life:

  • Advocate
  • Social service coordinator
  • Companion
  • Guardianship
  • Job coach
  • Chauffeur
  • Personal care attendant
  • Money manager
  • Recreation director

If you become unable to provide these services or die without planning for the continuation of these services, your loved one’s quality of life may suffer.

How Our Experienced Attorneys Can Help.

Establish comprehensive care plans organized so that monies for your loved one with special needs will not be at risk from estate taxes or the long term care costs of caregivers.

  • Apply and qualify for SSI benefits for a person with disabilities
  • Apply and qualify for Medicaid for a person with disabilities
  • Provide for a person with special needs in your Will
  • Apply for Guardianship
  • Set up a Special Needs Trust
  • Set up a Supplemental Needs Trust
  • Inform you of the estate planning options available to you
  • Assist clients with long term care and asset preservation and protection planning for loved ones with disabilities
  • Asset protection plans
  • Special needs trusts
  • Supplemental needs trusts
  • Family trusts and agreements
  • Family care agreements
  • Durable powers of attorney
  • Health care proxies and living wills
  • Medicaid applications and appeals for nursing home and assisted living facility care
  • SSI disability

Special Needs Trusts

As the average life span of our population continues to increase, and the elderly and persons with disabilities live longer than ever before, attorneys are challenged to properly protect them. The United States government provides financial assistance through Medicaid, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) to some extent, but it is rarely sufficient to meet all of the needs of the disabled. A special needs trust is a crucial legal tool which holds assets to care for and protect the elderly and persons with disabilities while allowing them to continue to receive their government benefits.

Special needs trusts may be created with the proceeds from a judgment or settlement or by a loved one with concerns for a beneficiary in need. Elder Law Associates PA is prepared to handle all pre- and post-settlement needs of persons with disabilities, as well as proper planning for their future. Special needs trusts have many benefits, including:

  • preserving eligibility for government benefits;
  • providing funds to pay for “extras,” (e.g., homes, automobiles and prescription drugs);
  • protecting a case settlement from being immediately depleted due to the high cost of health care;
  • keeping assets within the family; and
  • giving family members much needed peace of mind by providing funds to care for their loved ones who may not be able to care for themselves.

We provide Special Needs Planning services to the following cities/municipalities and the surrounding communities in South Florida.