Special Needs Planning

Do You Have A Disabled Child Or Loved One That Will Need Your Care And Protection After You’re Gone?

Creating a support system for a family member with special needs can be overwhelming, but it's essential to ensure their well-being both now and in the future. This means planning for a time when you may no longer be able to provide the same level of care.

Because you understand the challenges involved in caring for your relative with a disability, you’ve probably already thought about the issues relating to their long-term care: How will you provide for them financially? Where will they live? How will they receive the benefits they’re entitled to? Who will manage their day-to-day care?

If you’re in this position, it’s important to understand you’re not alone. With the oversight of our special needs planning law firm, we’ll be able to make these challenging choices as a team.

Estate Mate: The Scottsdale, AZ Law Firm That Focuses On Special Needs Planning

Jeff Cloud is a committed advocate for people with disabilities who has more than 10 years of experience advising clients specifically on special needs planning. With meticulous attention to detail and a thorough understanding of estate planning for people with disabilities, he can help you provide the safe and stable future you envision for your loved one.

With Jeff Cloud’s counsel, you can ensure complex estate planning issues are comprehensively handled. This includes inheritance, establishment of trusts, guardianship, access to government benefits, and more.

How Does Special Needs Planning Differ From Traditional Estate Planning?

The primary distinction between special needs planning and traditional estate planning lies in the area of benefit eligibility. Traditional estate planning does not typically consider the implications of asset ownership on eligibility for government benefits. In contrast, special needs planning must factor this in due to the potential eligibility of the individual with special needs for such benefits.

The main benefits to consider are the Supplemental Security Income (SSI), a federal program, and Medicaid (referred to as AHCCCS or 'access' in Arizona). Both these programs' eligibility criteria are based on the assets or income the individual possesses. For special needs planning, ensuring eligibility for these benefits is a crucial aspect of the overall process.

How Can We Ensure Our Special Needs Child Will Be Taken Care Of When We Die?

To ensure the well-being of your special needs child after your passing, adhere to the following key steps:

• Draft a comprehensive letter of intent: This document should detail all the preferences, routines, and needs of your child.
• Nominate a guardian in your will: The chosen individual will take over your duties when you can no longer fulfill them.
• Set up and fund a third-party special needs trust: This is a legal structure that holds and manages assets for the benefit of your child without jeopardizing their government benefits eligibility.
• Detail living arrangements: Specify in your letter of intent where you anticipate your child to reside.
• Appoint a competent trustee: This person should have the expertise to manage a special needs trust, which includes tasks such as paying rent supplemental to what the SSI provides.
• Select the appropriate fiduciary figures: This can include a trustworthy relative or a professional, even if it costs the trust money.

Let Estate Mate Help You Protect Your Loved One’s Future

Through careful planning and selecting the right individuals for fiduciary roles, you can ensure that your loved one is well-cared for after you can no longer do so yourself.

Jeff Cloud can help you create and execute an estate plan that covers all contingencies. For more information on Special Needs Planning in Arizona State, schedule an initial consultation.

More Information

• Financial Considerations In Special Needs Planning
• Addressing The Needs Of A Special Needs Individual