Find A Special Needs Trust Attorney In California
Hiring a special needs trust attorney in California will help you create a comprehensive legal document ensuring your child is cared for after your passing.
Estate planning is one of the most important things a parent can do for their children, but this becomes even more paramount for parents whose child has special needs. Raising children with special needs requires planning for their physical and financial health even after you are no longer here to care for them. The legal ramifications of improper planning — even with a last will and testament in place — can greatly negatively impact your loved one’s quality of life. For this reason, a special needs trust attorney in California should be consulted to ensure your child gets the support he needs after you pass away.
What is a Special Needs Trust?
In most cases, a special needs trust is the best option for families with an adult child who will most likely remain dependent on his family for care. These trusts take the portion of the money that would have been set aside for an inheritance and hold it in a protected account. It is then used for ongoing care costs. This begins when the trust is established and continues in the same way even after the parents pass away.
In most cases, a special needs trust is under the oversight of an independent trustee. This means an ill-advised caregiver will not be able to revoke the trust and use the assets in ways that do not best benefit your child. Once you establish the trust and determine how the money should be spent, the trustee will ensure these stipulations are followed for the lifetime of the child.
Will a Supplemental Needs Trust Work for Us?
Most families choose a special needs trust, or a supplemental needs trust, in order to ensure their child with disabilities can continue to receive assistance from government programs that have financial eligibility requirements. In California, both Supplemental Security Income (SSI) and Medi-Cal eligibility are based on financial need. In order to qualify for these benefits, your loved one cannot have more than $2,000 in assets. This means that receiving an inheritance would disqualify your adult child from these programs, and limit his income further.
Unlike most other types of trusts, the money held in a special needs trust is not counted as an asset for determining government benefit eligibility. In this way, establishing a supplemental needs trust can help your loved one continue to receive SSI and Medi-Cal benefits. Eligibility for other benefits may also be protected by this type of trust. This may include food stamp programs, housing subsidies, and utility payment assistance plans.
How Can an Experienced Attorney Help?
Because of the importance of preserving your child’s eligibility for government benefits and ensuring he is well cared for after your passing, it is important to consult with an experienced estate planning lawyer to set up your special needs trust. These trusts need to be both specific and comprehensive, as well as tailored to your family’s unique situation. This will most likely require a special needs trust attorney in California who is well-versed in special needs estate planning.
How Can I Find a Lawyer Near Me?
Families living in San Fernando Valley can call (818) 340-4529 to receive a referral to a lawyer with extensive experience in special needs trusts through the Attorney Referral Service of The San Fernando Valley Bar Association.