Disability and Special Needs Planning

When you have a child or a loved one with special needs, there are multitudes of questions that arise.  If you are their primary care provider, how will arrangements for their care be made when you are not available?  How can you leave an inheritance to a child or grandchild with special needs in the case they can not manage finances?  The disability and special needs planning attorneys at Cavitch, Familo & Durkin are here to help our clients navigate through the maze of special needs planning.

Special Needs Attorney

A special needs attorney can assist you in developing goals and then a plan to address meeting the financial, health care, and support needs of your family member. This includes:

  1. drafting the necessary documents for expressing how you want your property, finances, health care, and care of your children handled following your death and/or incapacity,
  2. how to care for a person with special needs financially, through estate planning, by creating access to government benefits such as Medicare, Medicaid, SSI and SSDI, as well as other community supports.
  3. addressing whether guardianship or conservatorship is necessary to assist the person with special needs.

Trusts for Special Needs Estate Planning

Our special needs attorneys provide advice and counsel regarding estate planning with:

  • special needs trusts,
  • pooled trusts,
  • self-settled trusts and
  • third party trusts.

These trusts are important to safeguard assets left for a child with special needs, and to make sure your child or loved one continues to be able to access public benefits, such as Medicare and SSI, to maintain a quality of life.