April 2018 Question of the Month My spouse and I have filed for divorce. We have two children. One child is age 17 with special needs. Everyone keeps telling us that we need a special needs trust and guardianship for our child, but I don’t know what that means. I [...]
This month's question looks at the difference between a health care proxy in NY and a Living Will. A client asked this question: "I am in my late 80’s and widowed. I recently spoke with my family about how I want to be cared for if I become ill and [...]
Question of the Month: Can I save for my special needs child’s future? She has a disability and will need Medicaid and SSI when she is age 18.
This month’s question: "Can I save for my special needs child's future? She has a disability and will need Medicaid and SSI when she is age 18." Beth's answer: Yes, you can now save for your child's future without affecting Medicaid and SSI eligibility and without spending legal fees. As [...]
This month’s question highlights the difference between taking care of your heirs and taking care of yourself: “I have a Will, why do I need a Power of Attorney?” These two legal documents have very different purposes. A Will – also called a Last Will and Testament – specifies what [...]
An ABLE Act account can be an important part of your estate and special needs plan, including special needs trusts. One of the articulated purposes of the ABLE Act is “to provide secure funding for disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, [...]
Estate planning for families with a special needs family member – someone who is physically or mentally disabled or intellectually limited – is critical because many assistance programs are facing cuts or benefits cut-backs. The easiest form of planning is to create either a testamentary (inherited) special needs trust (SNT) [...]