Special Needs & Disabilities
For parents of children and adults with special needs, seniors coping with the aging process, and seniors facing the possibility of long-term care; disability planning or special needs planning is essential.
Typical planning clients include:
- special needs children and adults
- children and adults who have suffered disabling personal injuries
- trial counsel who need advice regarding liens and other pre- and post-settlement issues
- individuals with progressive disabling conditions
- Individuals and couples facing long-term care
For many clients faced with these complex and sensitive personal situations, the legal technicalities of conservatorships, guardianships, special needs and OBRA 93 Trusts can appear overwhelming. It is essential to hire an attorney experienced in all aspects of estate, trust and other financial planning.
Special Needs Children And Adults
Through trusts that are fully integrated into the family estate plan, parents and others can provide for their children with developmental or other disabilities. An individual may require extensive or limited care. Public assistance benefits may be accessed now or become necessary in the future. With those in mind, the plan’s design and implementation must meet the needs of the family. The plan must also be designed so that any government benefits are preserved while at the same time providing that person as much access as possible to private funds.
Children And Adults Suffer From Disabling Personal Injuries
When an individual has been seriously injured as a result of an accident, medical malpractice or any other cause, there is often a settlement or judgment in the individual’s favor. When that becomes available, planning to protect the funds is essential. Under federal and state law, many injured and disabled individuals may place their assets in an OBRA 93 Trust and qualify for Social Security Disability, Medicaid, Supplemental Security Income and other benefits. Often, trial counsel will partner with a trust and estates attorney to property represent the individual.
Holland Law Offices has extensive experience establishing Special Needs and Disabilities Plans tailored to the particular needs of individuals and families.