It’s a daunting task to put together an estate plan in New York for yourself and maybe even a spouse. When you add children to it, it can become more complex. If one of those children has special needs, it’s not only more complex but imperative—because you may be their only source of support socially, emotionally, and financially.

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At The Feller Group, P.C., our team understands how delicate special needs planning can be. Parents worry, and rightfully so. We have solutions, though. Below is an overview of special needs planning. Contact us online or at (845) 621-8640 for a Free consultation to learn more about it and how our legal services can help you and your child with special needs. 

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What Constitutes are Special Needs?

 

Special needs is also referred to as “disability,” "handicap,” or “incapacity.” Each term is differently defined by state and federal law. Under the Americans with Disabilities Act (ADA), special needs is cited as a disability, and is defined per 42 US Code §12102 as

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1. A physical or mental impairment that substantially limits one or more major life activities of such individual;

2. A record of such an impairment; or

3. Being regarded as having such an impairment.

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The meaning of the above definition gets further broken down by the ADA and then narrowed by case precedent. The definition matters if you want your child to get federal and/or state assistance and/or protection. Our estate planning attorneys can help you understand what your child may qualify for and how to get it, as well as how to arrange and distribute your own assets upon your death in a way that will best benefit your child.

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In the end, though, if your child has special needs––however significant they are or are not––you want to make sure your child is safe and financially stable throughout their life. You can do this through a comprehensive estate plan.  

 

How do I get started with Special needs planning?

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Planning a lifetime of continuous care for your loved one with special needs can be confusing and overwhelming — especially when you're trying to find a good place to start. However, you don't have to do it alone! The special needs planning attorneys at The Feller Group. P.C. is here to help you create a viable plan for your loved one's future.

 

We can assist you with Special Needs Planning in a variety of ways. We can provide advice on legal issues related to Special Needs Planning, such as estate planning, Medicaid, Social Security, tax issues, and guardianship. Our team can also help you obtain government benefits, such as Supplemental Security Income (SSI), Medicaid, or Medicare. We will also provide assistance with creating a trust or other financial planning documents to help protect your assets for your loved one's benefit.

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Our attorneys have the experience and knowledge to ensure your family is protected for generations to come.  

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How an Estate Plan Helps a Child with Special Needs

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It’s simple, an estate plan can help make sure your child has all the necessities they need. Of course, it all depends on how you put your estate plan together to ensure they have what they need and more. If planned correctly, you can help provide:

• Money management that benefits the child for their lifetime

• Protection for public benefits

• Funds are set aside for the future in case public funding is disrupted or restricted.

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Your tailored estate plan can incorporate things like identifying care providers, appointing a guardian, creating a trust and designating a trusted trustee, and finding housing. As such, an estate plan that protects a person with special needs can include documents to create or address:

• Guardianship

• Trust

• Care providers

• Housing

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For many, the most important elements of an estate plan will be the appointment of a guardianship and the creation of a trust.

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Disability Application Assistance in NY

 

Applications for government benefits can be tedious and confusing for the average person. It is very important to be attentive to every detail. The attorneys at The Feller Group, P.C. can provide additional guidance and support to help expedite your approval process. We are an experienced team of advocates in your corner working to ensure you and your loved ones have the best legal representation.

 

Our Special Needs Planning Services Include:

• Special Needs Trust

• Pooled Trusts

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