Special Needs Trust Planning For Families In Dutchess County And Throughout The Hudson Valley
For families entrusted with the care of a disabled loved one — whether the disabled individual is a minor or an adult — there are numerous Estate Planning issues that need to be addressed. Unfortunately, many families fail to take action, leaving important questions and concerns unanswered.
A Few Questions Commonly Addressed Include:
- Who will care for a disabled individual should something happen to the primary care provider?
- Will basic government benefits remain uninterrupted (Medicaid and SSI)?
- Will my disabled child receive the funds he or she needs after I am gone?
- Who will manage my estate and distribute funds after I’m gone?
- What steps can I take to avoid a drawn-out probate process?
- I need to work with someone I trust. Who can be my guide and resource as I begin planning for my child, disabled parent or other loved ones with special needs?
At The Law Office of Rachel Flanagan Frost, I will advise you through the estate planning process to protect the interests of your loved ones well into the future.
Estate Planning Tailored To Your Loved One’s Unique, Special Needs
An estate plan designed for special needs families will include more than just instructions for the administration of personal property and assets. In many cases, a separate Trust is created on behalf of the child or relative with a disability. With this Trust in place, the disabled individual will receive an inheritance while remaining eligible for the government benefits he or she relies on.
The Trust essentially supplements the government benefits instead of supplanting them — providing your loved one with the funds he or she needs to maintain a comfortable standard of living.
When you reach out to me, I will explain all the options and benefits of Irrevocable Trusts, Revocable Trusts, Supplemental Needs Trusts and other special needs planning resources.
Guardianships And Protecting Your Children And Special Needs Relatives
When a parent or other care giver can no longer provide for a minor child or disabled individual — perhaps due to disability, death, imprisonment or abandonment — the court appoints a guardian to handle the disabled or minor individual’s care. In many cases, a grandparent or other relative will petition the court in order to fill this role by overseeing personal, medical and financial affairs.
I will help you understand the responsibilities of a guardian, including estate management, distribution of assets, overseeing medical care and enforcing final arrangements. By planning ahead, we can implement a health care proxy or power of attorney to specify care and other instructions.
Whether caught up in a guardianship dispute or you simply have questions regarding the role and responsibilities of a legal guardian, I will help you understand the best methods for protecting the physical and financial health of your loved ones.