Estate planning for a family with special needs children comes with a complex set of financial, social, and medical issues that some lawyers are ill-equipped to handle. But here at Succession+, we are dedicated to ensuring your child with special needs will be well taken care of when you’re no longer able to serve as the primary caregiver.
We offer a variety of estate planning tools and strategies designed to accommodate the unique circumstances presented by children with special needs and their families in Central Kansas. We can help you pass on the financial assets needed for your child to live a rich quality of life without jeopardizing their eligibility for government benefits. We’ll also assist you in finding and appointing a trusted guardian and/or trustee to look after them in the event of your death or incapacity. And we’ll help with locating the best residential opportunities—as well as the means to pay for them.
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One “Catch-22-like” situation surrounding estate planning for those with special needs is leaving enough money to pay for the massive amount of care and supports these individuals typically need throughout their lifetimes. Yet, if parents leave a large lump sum of money directly to a child with special needs, they risk disqualifying that child for government benefits like Medicaid and Supplemental Social Security Income.
Fortunately, the government allows assets to be held in what’s known as a “special needs trust” to provide supplemental financial resources for physically, mentally, or developmentally disabled children without affecting their eligibility for public healthcare and income assistance benefits. That said, the rules for such trusts are quite complicated.
For instance, funds from a special needs trust cannot be distributed directly to the disabled beneficiary and must be disbursed to a third party who’s responsible for providing the goods and services they need to maintain a comfortable lifestyle. What’s more, the requirements for a child with special needs change dramatically over time, as do the laws governing public benefits.
Given this, it’s vital to work with an experienced special needs attorney who can create a comprehensive special needs trust that’s both properly structured and appropriate for your child’s specific situation.
Contact Succession+ if you need estate planning for your child with Down syndrome, autism, cerebral palsy, or another developmental or intellectual disability. We have experience helping children with special needs in Central Kansas to develop a sustainable living plan that will provide them with the finances they need to live a full life while preserving their access to government benefits.
“Wonderful experience in doing a restatement of our original 10yr old trust. Very helpful in explaining all options to protect us, our family and assets for future generations with all the legal knowledge needed but without the hassles of probate for those that remain after us. Would recommend this company to anyone wanting clear and competent estate planning.”
“We are very happy with the guidance and documents provided regarding succession of our property, accounts, etc. Bret Christiansen and Drew LaSalle are extremely helpful, knowledgeable, thorough, and efficient. Thank you!”
