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Why do I need a special needs attorney?

Individuals with special needs often face unique challenges that make them vulnerable. For instance, without proper guidance in estate planning, they may risk losing eligibility for crucial government benefits like Medicaid or Supplemental Security Income (SSI). Moreover, navigating complex government regulations and bureaucracy can be overwhelming for families already dealing with the day-to-day realities of caring for a loved one with special needs.

A special needs attorney is essential in ensuring that individuals with special needs and their families secure their futures. We can help set up special needs trusts, which safeguard assets while preserving eligibility for government benefits. Additionally, we provide advocacy to ensure access to necessary services and accommodations, such as special education programs or workplace disability accommodations.

Common reasons to work with special needs attorneys:

  • Establish a trust to protect assets while maintaining eligibility for government benefits
  • Advocate for access to healthcare services, including medications and specialized treatments
  • Navigate the complexities of guardianship and conservatorship proceedings
  • Ensure compliance with government regulations for disability accommodations
  • Assist with estate planning tailored to the unique needs of individuals with disabilities
  • Offer guidance on transitioning to adulthood, including securing housing
  • Advocate for educational rights and accommodations in schools

Strategies to protect loved ones with special needs:

Establishing a Special Needs Trust (SNT)

One of the most effective strategies for safeguarding the financial future of a loved one with special needs is to establish a Special Needs Trust (SNT). This allows you to set aside funds for their benefit without jeopardizing their eligibility for crucial government benefits like Medicaid or Supplemental Security Income (SSI). By designating a trustee to manage the trust, you ensure your loved one’s financial needs are met while preserving their access to essential services.

Creating a comprehensive estate plan

Crafting a thorough estate plan is essential for ensuring your loved one’s needs are met even after you can no longer provide care. Work with our attorneys to create documents such as wills, powers of attorney, and healthcare directives to address the unique circumstances of individuals with special needs. By outlining your wishes and appointing trusted individuals to make decisions on behalf of your loved one, you can safeguard their future.

Securing government benefits

Dealing with government benefits can be pretty difficult — they certainly don’t make it easy to secure the benefits you’re entitled to. Our attorneys can help you understand the eligibility requirements for programs like Medicaid, SSI, and Social Security Disability Insurance (SSDI). By maximizing access to these benefits, you can alleviate financial strain and ensure that your loved one receives the care and assistance they need.

Advocating for educational rights

Education is a fundamental aspect of every individual’s development, and children with special needs have the right to receive a free and appropriate public education. Our attorneys can assist you in advocating for your loved one’s educational rights, including the development of Individualized Education Programs (IEPs) and Section 504 plans. We can help ensure that your loved one receives the support and accommodations necessary to thrive academically.

Planning for long-term care needs

As individuals with special needs age, their long-term care needs may evolve. It’s essential to plan ahead for residential options, healthcare services, and support systems that can accommodate their changing needs. Our attorneys can help you explore options such as assisted living facilities, group homes, or in-home care providers to ensure continuity of care and quality of life for your loved one as they transition into adulthood and beyond.

Schedule your consultation with our attorneys

Goff Legal, PC is your trusted partner in navigating the complexities of estate planning, trust administration, and fiduciary representation. We offer a do-it-for-you (DFY) service, which means we listen to your concerns and take over, ensuring everything is done efficiently and effectively. As a female-owned firm, we prioritize building long-term relationships with our clients to ensure you receive the attention and support you deserve. Schedule your consultation with Goff Legal to safeguard the interests of loved ones with special needs.

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