For more information about the author, click to view their website: Ashley Day Law
Elder law and special needs planning involve preparing for expected and unexpected life circumstances, including the possibility of becoming incapacitated as well as protecting and providing for future needs of loved ones with disabilities.
At its core, Elder Law focuses on the unique needs of
older persons and practice areas that address issues of concern for aging
adults, adults with disabilities/incapacity, their families and
caregivers. Unlike traditional estate
planning, Elder Law begins by assisting you with issues associated with a long
and healthy life, rather than simply planning for death. It mixes legal and practical issues such as being able to continue residing in your home if you had a chronic condition, having someone help in managing your finances, and not becoming a victim of financial abuse in the process. Elder law endeavors to help you solve
the problem of not knowing what you don’t know.
Special Needs Law focuses on solving legal
problems for individuals with special needs and their caregivers. Although there is no uniform definition of
“special needs,” the phrase describes individuals with a wide variety of
physical or mental conditions who require assistance with personal care needs,
activities of daily living, paying bills, managing finances, etc., who may be
vulnerable to and need protection from exploitation or abuse, and who may need
access to public benefits or any number of other types of assistance. If you
currently provide care for a child or loved one with special needs (such as
mental or physical disabilities), you must have contemplated what may happen to
him or her when you are no longer able to serve as the caregiver. Frequently, parents and grandparents are
concerned about how their children and grandchildren will be cared for after
the parents’ or grandparents’ deaths and want to plan in advance to protect
their special needs loved one.
Elder Law and Special Needs Planning encompass many
different fields of law, including, for example:
·
Disability planning, durable powers
of attorney, living trusts, advance directives, other tools to delegate management and decision-making to
another in case of incompetency or incapacity
·
Estate planning, including the
management of finances and assets during life and disposition on death using
trusts, wills, and other instruments
·
Special/Supplemental Needs Trusts
·
Conservatorships and guardianships
·
Long-term care planning and placements
·
Trust and probate/estate administration
·
Elder abuse and financial
exploitation
·
Medicaid planning
·
Retirement and Social Security
planning
When each day
seems to present a new challenge, thinking about the future can be
overwhelming. A plan can help break
things down into achievable pieces. No matter what age or stage, it is getting
started that counts.
This article is
for informational purposes only and is not intended to be legal advice.
This article was submitted by Ashley Day, Esq., A Day Law, LLC. Reach her at 251-277-3377.
Top Questions to Ask Your Healthcare Provider: A Guide for SeniorsAs we get older, our health needs change. Regular checkups and open conversations with your healthcare provider become even more important. But lets be honestmost doctor visits feel rushed or even overwhelming. You have so much you want to discuss with your doctor, only to leave the office and suddenly realize you forgot to ask all the questions you had intended to.Thats why you have to be prepared. Asking the right questions can help you better understand your health, avoid confusion, and feel more in control of your care. If youre a senioror caring for onehere are the top 5 questions you should ask your healthcare provider. Print them out, jot them down, or keep them in your phone. These questions can help make the most of every visit.1. What screenings or tests do I need at my age?This is one of the most important questions to discuss with your doctor. Prevention is key to better health. Health screenings give you the opportunity to catch potential health issues early before they become serious. Thats especially important as we get older, since the risk of certain conditions (like heart disease, diabetes, cancer, and osteoporosis) increases with age. Some screenings are age-based, while others depend on your personal and family history. Common screenings for older adults may include: Blood pressure and cholesterol checks Bone density scan Mammogram or prostate exam Colon cancer screening Vision and hearing tests Diabetes screenings Ask your provider: Am I due for any screenings? How often should I get these done? Do I need any lab work or imaging? 2. Are all my medications still necessary?Its common for many seniors to take multiple medications to manage different health conditions. But over time, your health needs can change, and so can your bodys response to certain drugs. Thats why its important to regularly review your medications with your doctor. Some prescriptions may no longer be needed, while others might interact with new medications or cause unwanted side effects. Asking about your current medications helps ensure youre only taking whats truly helpfuland nothing more.Always bring a list of everything you are taking, including over-the-counter drugs as well as vitamins and herbal supplements.Ask your provider: Do I still need these medications?Are there any side effects I should watch for?Can any of these medications intereact with each other - or with over-the-counter vitamins or supplements I take? 3. What vaccines do I need to stay protected?Many people tend to think vaccines are just for children. But that certainly is not the case. As we age, our immune systems become weaker, making us more vulnerable to certain infections. Certain illnesses, like the flu, pneumonia, shingles, and COVID-19, can be more serious in seniors. Thats where vaccines come into play. Staying up to date on recommended vaccines can help prevent complications and keep you out of the hospital. Recommended vaccines for seniors often include: Flu shot (every year) Shingles vaccine (usually two doses after age 50) Pneumonia vaccine COVID-19 vaccines and boosters Tdap booster (for tetanus, diphtheria, and whooping cough) Ask your provider: Am I up to date on my vaccines? Do I need the shingles or pneumonia shot? What about the flu or COVID vaccines? 4. How is my memory and mental health?Its normal to forget where you put your keys now and then, but memory loss that affects daily life shouldnt be ignored. The same goes for feeling down, anxious, or lonely. Your mental health is just as important as your physical health, and it deserves attention too.Memory issues and mental health concerns often go unspoken. The earlier you talk about it, the more options there are to support your wellbeing and independence. It can help to talk openly with your provider about how you're feeling emotionallyespecially after big life changes like retirement, loss, or illness. If needed, your provider may suggest counseling, support groups, or safe treatments. Ask your provider:Is my memory okay for my age?Should I be concerned about confusion or forgetfulness?How do I know if I'm just feeling low or if I'm dealing with depression or anxiety?5. What can I do at home to stay healthy and prevent illness?Staying healthy isnt just about doctor visitsits about the choices you make every day at home. From the foods you eat to how active you are, small lifestyle habits can have a big impact on your overall well-being. Your provider can guide you on safe, practical ways to support your health right from the comfort of your home.Ask your provider:What kind of exercise is safe for me?Should I be eating differently at my age?How can I improve my sleep or energy? Speak Up and Be a Partner in Your Healthcare JourneyYour doctor is your partner in healthbut youre the expert on how you feel. Dont be afraid to ask questions, bring notes, or speak up if something doesnt make sense or feel right. There are no wrong questions when it comes to your health. At VIPcare, we specialize in senior-focused primary care. Our providers take time to listen, answer your questions, and tailor care to your specific needs. From preventive screenings to chronic condition management, were here to support your health and your goals. Call (251) 257-2886 today to schedule an appointment or learn more at www.getvipcare.com.
Trust administration is a critical process that involves managing assets, overseeing distributions, and handling legal obligations within a trust. While it can seem intricate and time-consuming, seeking legal assistance for trust administration offers numerous benefits. In this article, we will delve into the key components of trust administration, including paying off obligations, gathering assets, and ensuring smooth distribution, while highlighting the advantages of enlisting professional help.1. Paying Off Obligations: Ensuring Financial ResponsibilitiesOne of the essential tasks in trust administration is settling the financial obligations of the trust. This involves identifying any outstanding debts, taxes, and other financial commitments left behind by the Grantor. Ensuring that these obligations are promptly addressed is crucial to maintain the integrity of the trust and uphold the wishes of the Grantor. Legal experts specializing in trust administration can navigate the complex landscape of financial obligations, ensuring compliance with legal requirements and preventing any potential disputes.2. Gathering Assets: Streamlining the ProcessCollecting and managing the assets held within a trust is a multifaceted task. Trust administrators need to locate, evaluate, and categorize the assets, which can range from real estate properties to investment portfolios. Enlisting legal assistance streamlines this process, as professionals can employ their knowledge and resources to efficiently identify all assets, assess their value, and handle the necessary documentation. This proactive approach minimizes the risk of oversight and ensures that the trusts assets are properly accounted for and managed.3. Distributing Assets: Fulfilling Beneficiary WishesThe distribution of assets to beneficiaries is a significant aspect of trust administration. Depending on the terms outlined in the trust document, assets may be distributed to beneficiaries immediately after the Grantors passing or at specific intervals over time. Legal experts play a crucial role in ensuring that these distributions adhere to legal requirements and the Grantors wishes. They help navigate potential conflicts among beneficiaries, interpret complex trust provisions, and implement fair and equitable distribution strategies.Benefits of Seeking Legal Assistance for Trust Administration:a) Expertise in Complex Legal Procedures:Trust administration involves intricate legal procedures and compliance requirements. Legal professionals specializing in trust law possess the knowledge and experience to navigate these complexities, minimizing the risk of errors and legal disputes.b) Mitigating Disputes:The presence of a legal expert can help prevent disputes among beneficiaries or other interested parties. Their objective guidance and adherence to legal protocols can mitigate conflicts that may arise during the administration process.c) Efficient Document Preparation:The documentation involved in trust administration is extensive. Legal professionals are adept at preparing and managing the required paperwork, ensuring accuracy and compliance with legal standards.d) Maximizing Tax Efficiency:Tax implications are a significant concern in trust administration. A knowledgeable legal expert can help devise strategies to minimize tax liabilities, preserving more of the trusts assets for distribution to beneficiaries.e) Focusing on Executor Duties:By outsourcing the legal aspects of trust administration, trustees can focus on their primary duties, such as overseeing investments and ensuring beneficiaries well-being.End NoteIn conclusion, trust administration involves multifaceted responsibilities, including settling financial obligations, managing assets, and distributing them to beneficiaries. Seeking legal assistance for trust administration provides numerous benefits, from navigating complex legal procedures to mitigating disputes and ensuring efficient document management. By enlisting the expertise of legal professionals, such as those at Burr Law, trustees can fulfill their fiduciary duties while upholding the intentions of the trustor and ensuring a smooth and seamless administration process. Contact Burr Law today to access their specialized trust administration services and navigate the complexities of trust management with confidence. Call us today with any questions 720-500-2076.
The idea of estate planning can be intimidating. The process involves asking tough questions and having uncomfortable conversations. An estate plan requires more than just any estate planning lawyer, you need a trusted partner to guide you through this important process. Youre looking for someone who understands the intricacies of estate planning. You need someone who will explore the potential problems and offer solutions to avoid those problems. Thats where Burr Law comes in. In this comprehensive guide, well explore why estate planning is crucial, the role of a top rated estate planning lawyer, and how to choose the right one.Understanding Estate PlanningWhat is Estate Planning?Estate planning is the process of arranging the management and disposal of ones estate during life and at death. It involves making critical decisions about how your assets will be distributed to your loved ones after you pass away. Estate planning is for everyone. Anyone who owns anything whether its a car, a house, investments, or personal keepsakes has an estate.Estate planning also includes planning for incapacity. A complete estate plan also accounts for who will make medical decisions if you cannot. It can also involve plans for who will care for your minor children, making it an essential process for parents.Why is Estate Planning Important?Estate planning is about more than just assets. Its about ensuring that your wishes are honored, your loved ones are protected, and creating a lasting legacy. Here are a few reasons why estate planning is vital:Protecting Your Loved Ones and Assets: A well-structured estate plan can help protect your loved ones from unnecessary taxes, fees, and legal complications. It can also shield your assets from potential creditors or legal disputes.Avoiding Probate: Using a trust can help avoid the lengthy and costly probate process. Trusts allow for a more efficient transfer of assets to your beneficiaries.Minimizing Taxes: Estate planning can help reduce the tax burden, ensuring your assets go to your loved ones and not the government.Planning for Incapacity: Should you become unable to make decisions regarding your health or finances, your estate plan includes directives for your care and appoints someone to act on your behalf.Providing Peace of Mind: Knowing that youve prepared for the future can offer significant peace of mind to you and your loved ones.In summary, estate planning is a crucial part of managing your financial life and providing for your loved ones future. It allows you to express your personal wishes and ensures those wishes are carried out efficiently and effectively.The Role of a Top Rated Estate Planning LawyerA well-structured estate plan is only as good as its implementation, and this is where a top rated estate planning lawyer shines.How Can a Top Rated Estate Planning Lawyer Help You?A top rated estate planning lawyer acts as your personal guide through estate planning process. A comprehensive plan considers wealth management, asset protection, wills, trusts, and incapacity planning. Estate Planning Lawyers help you chart a course that meets your immediate needs and anticipates potential future issues.These professionals provide invaluable advice in areas such as insurance planning, powers of attorney, advanced directives, and appointment of guardianship. Their expertise extends to coordinating legal documents with beneficiary designations on your accounts, insurance policies, and more. This coordination is vital as it ensures your estate plan aligns perfectly with all your financial arrangements, avoiding potential legal disputes or discrepancies after your passing.Remember, estate planning is not a one-time event. Its an ongoing process that may require adjustments as your life circumstances, financial situation, or laws change. An estate planning lawyer provides continuous legal support and counsel, updating your estate plan as necessary to reflect these changes.When Should You Hire a Top Rated Estate Planning Lawyer?The simple answer is, the sooner, the better. Life is unpredictable. Unexpected events can occur at any time, underscoring the importance of having an estate plan in place sooner rather than later.Even younger individuals benefit from estate planning, particularly if they have young children, own property, or have significant financial assets. Estate planning ensures that your assets are distributed according to your wishes and that your children are cared for by the people you trust most.Moreover, if your situation involves complex family or financial circumstances, such as owning a business, having a large estate, having children from multiple marriages, or planning for a child with special needs, an estate planning lawyer becomes crucial.Finally, seeking legal counsel is also advisable if you are facing a life-changing event such as marriage, divorce, retirement, or the death of a spouse. These events can significantly impact your estate plan and warrant a review with a top rated estate planning attorney.In conclusion, an estate planning lawyer plays a pivotal role in securing your legacy and ensuring your loved ones are cared for after your passing. Their expertise and guidance can provide you with peace of mind, knowing that your wishes will be honored and your estate will be handled efficiently and effectively. Key Factors to Consider When Choosing an Estate Planning LawyerWhen it comes to choosing a lawyer for estate planning, several key factors can help you make an informed decision. Finding the right attorney is more than just a simple Google search. Consider the attorneys experience, communication style, client reviews, and location.Experience and ExpertiseThe first thing to consider is the lawyers level of experience and expertise. Estate planning is a complex area of law that requires specialized knowledge in areas like wills, trusts, healthcare directives, and tax laws. Consider the attorneys years of practice and their specific experience in estate planning. Do they have a proven track record in helping clients achieve their estate planning goals? Are they able to navigate complex situations and offer tailored solutions to meet your unique needs?Communication and TrustEstate planning is a personal process that requires open and honest communication. You should feel comfortable discussing your financial situation, family dynamics, and future wishes with your attorney. Ask potential attorneys about their communication process. How often will you meet? How will they keep you informed about your estate plan? Do they listen to your concerns and explain complex legal concepts in a way you can understand? Trust is paramount in this attorney-client relationship, as youll be entrusting them with crucial decisions about your legacy.Client Testimonials and ReviewsClient testimonials and reviews can offer valuable insights into an attorneys professionalism and the quality of their service. Look for reviews that mention the attorneys expertise, dedication, and the outcomes theyve achieved for their clients. Positive client reviews can be a good indication that the attorney has a strong reputation for delivering excellent client service.Location and AccessibilityFinally, consider the attorneys location and accessibility. In-person meetings can be beneficial for discussing sensitive or complex issues. A local attorney will also be familiar with the specific laws and regulations in your state. If youre in Aurora, Colorado, for instance, choose an attorney who is easily accessible and has a deep understanding of Colorado estate laws.Remember, choosing an estate planning lawyer is an important decision that requires careful consideration. By evaluating these key factors, you can find a lawyer who will help you create a comprehensive estate plan that protects your assets, honors your wishes, and ensures a secure future for your loved ones.Your Trusted Estate Planning Partner in Aurora, ColoradoWith years of experience and a firm commitment to our core values of integrity, communication, trust, and optimism, we are well-equipped to help you navigate the complexities of estate planning and secure your legacy.Our Core ValuesAt Burr Law, we believe in the power of integrity, open communication, trust, and optimism. We understand that estate planning can be intimidating, and we are dedicated to making it as stress-free and straightforward as possible. Our team is committed to providing personalized advice and guidance, offering peace of mind knowing that your estate is protected and your wishes are upheld. Whether youre looking to create a will or trust, establish powers of attorney, or advanced healthcare directives, were here to support you every step of the way.Our Proven Track RecordWere proud of our proven track record of success. Our dedicated team has consistently demonstrated a high level of expertise and dedication, earning us a reputation as one of the top rated estate planning firms in Aurora, Colorado. Whether its crafting a comprehensive estate plan, mitigating estate tax implications, or ensuring asset protection, weve helped numerous clients to secure their legacy.At Burr Law, we dont just see you as a client, but as part of our community. Were not just your lawyers, but your guides, helping you to navigate the complexities of estate planning and secure your legacy. Reach out to us today to see how we can help you.How to Get Started with Your Estate PlanWith the right guidance and support, you can simplify the process and ensure that your legacy is secured according to your wishes. Here are the steps you need to take to get started:Initial ConsultationThe first step in your estate planning journey is to schedule an initial consultation with a top rated estate planning attorney. During this meeting, well discuss your goals, concerns, and any specific circumstances that may influence your estate plan. This is an opportunity for you to ask questions, get to know us, and understand the overall process. At Burr Law, we offer free initial consultations to help you get started.Creating or Updating Your Estate PlanOnce youve discussed your goals and objectives, its time to create or update your estate plan. This involves drafting key documents such as wills, trusts, and powers of attorney. Each individuals situation is unique and requires a tailored approach. For instance, if you have minor children, you might need to appoint a guardian in your Will. Alternatively, if you own a business, a succession plan may be necessary. Also, remember that estate planning is not a one-time event. As your life changes, so should your estate plan. Regular reviews and updates are crucial to ensure that your plan continues to align with your wishes and circumstances.Ongoing Legal Support and CounselEstate planning is an ongoing process, and having a top rated estate planning attorney by your side can provide invaluable peace of mind. At Burr Law, we offer ongoing legal support and counsel to our clients. Whether you need to update your estate plan due to a life event, have questions about a particular aspect of your plan, or require assistance with the administration of a loved ones estate, we are here to help.Navigating the complexities of estate planning can be challenging, but you dont have to do it alone. With the right guidance and support, you can create a comprehensive estate plan that aligns with your goals and secures your legacy. Contact Burr Law today to schedule your initial consultation and take the first step towards protecting your loved ones and safeguarding your financial future 720-500-2076.
Elder Law - Plan to provide for future needs and preserve your legacy.Planning for the future and ensuring that your wishes will be carried out doesnt have to keep you up at night. If you or your loved one is 60+, now is a good time to plan your legal strategies to receive care in your home as you desire and if you may need expensive long-term care. If you have plans in place, we will review them with you and suggest modifications or additions, if any, for you to accomplish your goals.Elder law and estate planning serve two different, but equally vital, functions. The main difference is that elder law is focused on ensuring your care and preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.Elder law planning is concerned with ensuring that seniors live long, healthy, and financially secure lives. It usually involves anticipating future medical needs, including long-term care. Elder law services include planning for the expected and the unexpected: pre-need planning and crisis planning. Planning is tailored to each clients concerns, goals, family dynamics, and immediate or potential future care needs and may include planning tools such as:Advance Directive for Health Care (Living Will)Healthcare Power of Attorney with Healthcare PreferencesDurable Power of Attorney for Property with Expanded PowersLong-Term Care Sensitive WillsCertification as to Validity of Power of Attorney and Agents AuthoritySpecial Needs Trusts or Other Asset Protection TrustsMedicaid and SSI PlanningLong Term Care PlanningGuardianships and ConservatorshipsUnderstanding/Protecting Against Elder Abuse and NeglectElder law planning also includes your instructions about living arrangements and priorities when it comes to care, which benefits your entire family. Whats more, it can ensure that you are protected from elder abuse or exploitation when you get older or become incapacitated. For seniors, this means resting assured that you will not be a burden to your children, siblings, or other family members if/when you are not able to care for yourselves. For other family members, your planning manifests your love for them, providing peace of mind and the tools needed to ensure care is provided as planned.Finally, elder law covers assistance with guardianship and conservatorship, if needed. Guardianship and/or conservatorship may be necessary to protect and provide for individuals who are unable to care for themselves or live independently, who are unable to understand or manage money and assets, and who may be at risk of abuse and exploitation. Supported Decision Making may be an alternative to guardianship/conservatorship for individuals with limited abilities to retain their decision-making capacity by choosing supporters to help them make choices.When planning proactively, Ashley Day Law works with you to determine your priorities and what future needs must be met and put together the best course of action based on your income and assets to protect your quality of life and reduce unnecessary stress within the family.When crisis planning, our caring and comprehensive approach can help guide you through a difficult process and relieve you of some of your worries.Having to place a loved one in a skilled nursing facility can be an emotionally wrenching experience. To make matters worse, confusion often reigns supreme when determining how to best use income and assets and when navigating the Medicaid application process. Well-meaning family, friends, and even professional advisers may give conflicting or incomplete advice causing families needlessly to lose their property and assets. At Ashley Day Law, we will help you plan for future care needs and how to pay for them, prepare documents for you to enact your plan, and assist with the administration to ensure plans are implemented and assets distributed as instructed.You want to do what is best for the people you love throughout your lifetime and ensure they are taken care of after you are gone. Give us a call.
Estate Planning - Ashley Day Law provides comprehensive planning ot individuals and families.We help our clients prepare for unexpected incapacity or death, to ensure both that their family and loved ones have the ability to care for them and that their assets are transferred at their passing in accordance with their goals and wishes. We design and create proper estate plans for our clients, review beneficiary designations, and advise our clients to ensure trusts are funded.Establishing your estate plan is one of the most important steps you can take to protect yourself and your loved ones during your lifetime, in case of disability, and at your death. A well-thought-out and comprehensive estate plan can prevent the need for someone to obtain guardianship in the future, lessen administrative costs associated with the transfer of assets at death, and help smooth familial relations.Our estate planning services include:Forming Living, Irrevocable Protection TrustsAssisting with Beneficiary Designations and Other Non-Probate TransfersDrafting Wills, Living Trusts, Healthcare Directives, Powers of Attorney, and Other Planning DocumentsAdvising Executors, Administrators, Trustees, and GuardiansDeveloping Caregiver Agreements and Other Family AgreementsPost-Mortem PlanningWhile estate planning often includes a variety of items among those listed above, foundational estate planning includes, at least, wills, durable powers of attorney, advance healthcare directives, HIPAA authorizations, and a stand-alone or testamentary supplemental needs trust if you have a loved one with special needs. These instruments are critical to ensure your wishes are followed. A properly designed and implemented estate plan also can help you accomplish additional goals, such as:Providing financial security for your familyEnsuring your property is preserved and passed on to your beneficiariesAvoiding disputes among family members, business owners, or with third parties (such as the IRS)Providing for your childrens or grandchildrens educationProviding for your favorite charityMaintaining control over or ensuring the competent management of your property in case of incapacityMinimizing tax consequences and other costsAvoiding probateProviding adequate liquidity for the settlement of your estateTransferring ownership of your business to your beneficiariesPassing on your values, sense of responsibility, and work ethic to heirsEvery family situation is unique. We work with you and your other professional advisors, including financial planners, accountants, and/or other attorneys who are familiar with your goals and concerns to determine what options work best for you and your family and ensure their implementation.By protecting your estate and yourself, you are protecting your family and sparing them the expense, delay, and frustration that occurs when family members fail to plan. No estate plan is one size fits all. As priorities change, plans can be modified. Its never too early or too late to plan. Give us a call. Were here to help.
SPECIAL NEEDS PLANNINGParents of children with special needs often worry about how their children would survive and be cared for when their parents are no longer alive to support them. If one of your loved ones is living with a disability, you make sure that all their needs are met daily. But what would happen if you were gone?Also, over the years, parents are required to make many decisions in their childrens best interests, and those decisions are only amplified for parents with special needs children. Often, parents of special needs children dont know what questions to ask and are unaware of the many questions that inevitably will come their way. For the greatest success in securing your childrens futures, its important for parents and other family members to be prepared before its too late. Thats the role of special needs planning.Special Needs Planning involves preparing for the current and future care needs of children and adults with intellectual and/or developmental disabilities, neurocognitive disorders, and/or psychiatric illnesses. It is the best way for a parent, grandparent, and/or guardian to proactively protect and provide for children and grandchildren with disabilities both in the near and not-so-near future for care, housing, and quality of life should something unexpectedly happen to you; for 18th birthdays (automatic transfer of parental rights); for eligibility for government benefits; for change in life circumstances; planning for your childs quality of life, and for your peace of mind.Our special needs planning services include:Special (Supplemental) Needs TrustsRevocable Living Trusts with Special (Supplemental) Needs Trust ProvisionsWills with Special Needs & Spousal Trust ProvisionsGuardianships and ConservatorshipsPlanning for Age 18Planning for Eligibility for Government Benefits (SSI, Medicaid, etc.)Government Benefits AdvisementSchool Law/AdvocacyGuardianship/Conservatorship AdministrationSpecial (Supplemental) Needs Trust AdministrationSpecial needs planning is critical because individuals with special needs often are unable to make appropriate financial decisions for themselves and/or are at risk of financial exploitation by others. Equally important is to maintain eligibility for public benefits such as Supplemental Security Income (SSI) and Medicaid and enable children with special needs to have fulfilling lives.SSI is used to pay for food and housing (primary needs), but it is not nearly enough to live on. Medicaid waiver programs enable access to beneficial services and programs not accessible absent Medicaid eligibility. Generally, beneficiaries of SSI or Medicaid can have little income and, at most, $2,000 in assets. Leaving money to loved ones directly to provide for their care would jeopardize their ability to receive any help from these means-tested government programs. On top of that, the money left to them would have to be spent down to pay for primary needs previously covered by SSI instead of being used to improve the care provided and quality of life. A Special (Supplemental) Needs Trust (SNT) manages resources while also maintaining the beneficiarys eligibility for public assistance benefits.For most families, a third-party irrevocable Special SNT is the most effective way to set aside assets and funds to help the person with special needs. Cash, investment accounts, real estate, or proceeds from a life insurance policy are common ways to fund the trust. The trust can provide for the beneficiary during the parents lifetimes and will provide for the beneficiary when parents are no longer around to care for the beneficiary. Because the SNT owns the assets instead of the beneficiary, the assets are excluded from asset limit tests for SSI or Medicaid. Meanwhile, trust funds can be used to pay for quality-of-life improvements for the beneficiary, such as a phone, an iPad, computer games, trips, travel to visit family, entertainment events, and other activities. The SNT also ensures that funds are used for the benefit of your vulnerable family member and that other relatives, such as siblings, are not left with the responsibility and costs of care.Special needs planning can be a complex and confusing area of the law. Ashley Day Law, LLC will work with you to construct a comprehensive plan customized to your situation and provide you with the tools and information necessary to make sure your loved one is protected, so you have peace of mind knowing your loved one will be taken care of just as you wish.How well you do or dont plan for a special needs family member can have tremendous consequences. Give us a call. Let us help you get it right.