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Special Needs Planning

Custom planning by people who know.

We know, first-hand, the unique needs of families and individuals with special needs. We know that when you have a child with special needs, daily stresses like IEP meetings, medical care and therapies can make thinking about the future overwhelming. Your child depends on you in so many ways and will continue to depend on your guidance into their adulthood. By planning now, you ensure that your child will receive the care and support that you intend for them at every stage of their life.

One Size Does Not Fit All

Every family situation is unique. When crafting a customized plan for your family we take time to get to know you. On our initial visit we’ll sit down with you to talk about your child’s unique needs, benefits that may be available to him or her and your vision for their future. We identify possible threats to your child’s care including any assets that he or she may inherit from you or others. We provide to you a plan to accomplish your goals.

If your plan includes a Special Needs Trust, and your child is receiving Medicaid benefits, we take the extra step of having it approved by your county Department of Job and Family Services so you can be sure that your child will not lose any government support they are entitled to receive.

We take these extra measures because we believe that peace of mind is the best gift we can give to families.

Guardianships

When a child with special needs reaches the age of 18, a guardianship can be obtained through a court process, whereby a guardian is given the authority to make decisions affecting the care and maintenance of the disabled person. The attorneys at Resch, Root & Philipps are experienced at assisting families through the court process to establish the proper type of guardianship for their circumstances.

Top five reasons to develop a plan now:

  1. If you don’t develop a plan for your child with special needs, the government will. Your child’s future plan will be determined by the probate court and any assets left to him or her may be used for court fees, paybacks for government benefits previously received and other fees.
  2. If assets exceeding $1500 are left to your child with special needs, he or she may lose their eligibility for Social Security Insurance and Medicaid.
  3. Assets left to others for the benefit of your child with special needs are not secure and may be lost to litigation, creditors or other unforeseen circumstances.
  4. Once your child reaches 18 years of age, he or she is legally considered an adult and responsible for his or her decisions. Without establishing a guardianship, special powers of attorney and/or other directives, you will no longer have authority to make decisions or take action on behalf of your adult child.
  5. Your plan, vision, and hopes for your child and his or her future must be documented. Without a plan, future guardians, trustees and loved ones will be forced to make decisions for your child without your heartfelt guidance.

 

Read» the 2017 Guide to Supplemental Security Income (SSI)