To Your Better Future

 1.                  Procrastinating Estate Planning Altogether   For many parents with children with special needs, estate planning feels very overwhelming, and it’s easy to put it off for another day. Unfortunately, delays can be costly, leaving your child unprotected in case of an unexpected event.  If both parents pass away without a proper plan in place, a direct inheritance can disqualify them from vital public benefits. The only option in such circumstances may be to establish a trust with a Medicaid payback provision, meaning that any remaining assets in the trust must be paid back to the state after the child’s death. Furthermore, these trusts can be very restrictive.   Additionally, nominating a guardian is crucial. Unlike typical children, special needs children may require a guardian even after they reach the age of legal adulthood. Without proper planning, the court may step in to make decisions for y...

When parents think about estate planning for their high-functioning child with special needs, they often assume that a Special Needs Trust (SNT) isn’t necessary, especially if the child is not likely to be receiving public benefits like Supplemental Security Income (SSI). However, planning for your child's future goes beyond government assistance. What happens if you unexpectedly pass away? Who will manage your child’s inheritance, and will it be protected from financial exploitation or poor decision-making? The truth is, that setting up an SNT can provide vital protection and peace of mind, even for high-functioning children who are largely independent. A well-structured trust can safeguard their financial future, ensuring that your child has the support they need to navigate adulthood with security and confidence. Whether it's protecting assets from creditors, preventing misuse of funds, or simply providing financial oversight, a Special Needs Trust is a powerful tool in yo...

When your child turns 18, it's a moment of pride and transition. They're stepping into adulthood, gaining independence, and making decisions for themselves. But as exciting as this milestone is, it’s easy to overlook one critical detail: the change in legal authority over their healthcare decisions. Many of us with children who have special needs are familiar with the importance of establishing guardianship. However, when it comes to our typical, newly turned 18-year-olds, we often forget to consider an equally important step — ensuring they have a healthcare proxy in place. Why is a Health Care Proxy Important? Once your child turns 18, they are legally recognized as an adult, meaning you no longer have the automatic right to make medical decisions for them, even in emergencies. While they may still rely on you for emotional support, financial advice, and countless other things, if they are unable to make decisions due to illness or injury, healthcare professionals canno...

As parents, navigating the transition to adulthood for a child with disabilities can be overwhelming, especially when it comes to legal responsibilities. When your child turns 18, they are legally considered an adult, which often comes as a surprise to many parents. This shift can create significant challenges, particularly in making medical and educational decisions. Here’s why securing guardianship is crucial for parents of disabled children as they reach adulthood. Understanding Legal Capacity Once a child turns 18, they are presumed to have the legal capacity to make their own decisions, regardless of their cognitive abilities. This means that if your child has an intellectual disability, they may not be able to provide informed consent for medical treatments or make important life choices. In such cases, having a legal guardian is essential to ensure that decisions can be made on their behalf. Does My Child Need a Guardian? Deciding whether to become your child’s legal guardian ...