Living Trust Planning | Estate Planning Attorney

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  • What Caregivers Need to Know About Estate Planning for a Loved One With Dementia – Part 1

    What Caregivers Need to Know About Estate Planning for a Loved One With Dementia – Part 1

    Caring for a loved one with dementia is a challenge that millions of families undertake each year. As a caregiver, understanding how a dementia diagnosis affects your loved one’s legal decision-making is crucial to ensuring their wishes are honored and that you’re providing them with the best possible care.

    In this blog, we’ll explore the importance of estate planning, even after a dementia diagnosis, as the best method to ensure the wishes and rights of your loved one are protected.

    Understanding Incapacity

    Dementia is a progressive condition that affects memory, cognition, and daily functioning. As dementia causes your loved one’s cognitive abilities to decline, there may come a time when they’re no longer able to make sound decisions about their finances, healthcare, and overall well-being. 

    When the effects of dementia make it difficult for a person to understand information and make sound decisions, that person is considered to be incapacitated, which means they can no longer legally make healthcare or financial decisions for themselves. This change in their memory and cognition can be emotionally overwhelming for both your loved one and your whole family, and without proper planning, can require court involvement.

    But there’s still some good news. Thoughtful estate planning can ensure that your loved one is cared for by the people they know and trust if they can no longer care for themselves, and even if your loved one has already been diagnosed with dementia, it’s still possible for them to create a legally-binding estate plan during the early stages of the disease.

    Estate Planning In The Early Stages of Dementia

    Every adult should create certain legal documents to protect their rights and wishes, and this is no different for a loved one with a dementia diagnosis. What is important to remember is that in order to create a legal document, you need to have mental capacity – meaning you need to be fully aware of what you’re doing and what the consequences of your choices will be.

    Thankfully, a person doesn’t need to constantly be in a state of capacity to create an estate plan. As long as your loved one has the mental capacity at the moment they sign their estate plan documents, the documents will be valid, even if they regress into a state of incapacity afterward.

    In the early stages of dementia, and ideally long before any health problems surface, your loved one should create (or review and update) the following estate planning documents:

    General Durable Power of Attorney

    A General Durable Power of Attorney (POA) is a legal tool that allows your loved one to appoint someone to make financial and legal decisions on their behalf. Their POA can write checks, pay bills, maintain their home, and manage their financial assets. 

    This document becomes especially significant as dementia progresses. Encourage your loved one to designate a trusted individual as their financial power of attorney while they’re still able to make such decisions. 

    A Revocable Living Trust

    A General Durable Power of Attorney is an important tool, but many financial institutions place constraints on the use of a POA or don’t acknowledge their authority at all. To make sure your loved one has complete protection of their financial wishes, encourage them to establish a revocable living trust and move their assets into the name of the trust. Creating a trust document alone isn’t sufficient. Assets must be retitled, and beneficiary designations updated to ensure all assets are covered by the trust, and that the named successor trustee can step in with ease, when necessary.

    As part of creating a trust, your loved one will name the person they want to manage their assets when they’re no longer able to do so. This person is called the trustee or successor trustee. The trustee and power of attorney are often the same person, but not always. 

    Determination of who should serve in what role, and at what point your loved one should give up control over their financial assets, is part of what we counsel our clients to decide. If you have any uncertainty whatsoever, please call us to discuss. It’s far better to get the right tools in place, and the right people named, early than it is to wait until it’s too late. Once it’s too late, it’s really too late, and your family could be stuck with a court process as the only path.

    By having these two estate planning tools in place and the support of our proactive guidance, you can rest assured that the people your loved one knows and loves will be able to manage their assets for them as their dementia progresses. One of the best things we’ve experienced about part of this process it that the people who have taken care of all of this before they begin to experience dementia are able to relax into a phase of life that can often be full of anxiety because they know it’s been handled.

    Power of Attorney for Healthcare

    Similar to a General Durable POA, a Power of Attorney for Healthcare (HPOA) appoints someone to make medical decisions on behalf of your loved one when they’re unable to do so for themselves. Discussing and establishing a healthcare power of attorney early on allows your loved one to express their medical preferences and ensures their wishes are honored. 

    Their power of attorney for healthcare should also include a declaration to physicians, also called a living will, that outlines their desires regarding medical treatment, life support, and end-of-life care. Creating a declaration to physicians and discussing their wishes with you ensures that their preferences regarding life-sustaining treatment, resuscitation, and other medical interventions are documented and respected.

    The economic burden of caring for a loved one with Alzheimer’s or advanced dementia can be significant – between $2,500 to more than $10,000/month isn’t unusual. The time to discuss these costs, and what you or your loved one want is right now, before dementia or Alzheimer’s makes it impossible to have any choice.

    Plan As Early As Possible

    One of the most crucial steps in preparing for the challenges of dementia is to help your loved one complete their estate planning while they still have the capacity to do so. Waiting until the later stages of the disease can limit their options and increase stress for everyone involved. 

    By addressing legal matters early on, you can ensure that your loved one’s wishes are respected, and their affairs are managed in the way they intended, by the people they trust, without the need for court involvement. 

    If you have a loved one with more advanced dementia, check back here next week as we explore late-stage estate planning options and methods to avoid family and legal conflict over your loved one’s care. 

    To learn more, schedule a complimentary 15-minute call with our office.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Holding Space for Grief: Ways to Comfort and Support A Loved One in Mourning

    Holding Space for Grief: Ways to Comfort and Support A Loved One in Mourning

    Losing a loved one is an incredibly challenging experience, and the journey through grief can be both complex and overwhelming. Unfortunately, we all experience grief at one time or another, and knowing how to manage your own grief and how to be there for others who are grieving is an important skill that can improve your life and relationships.

    We understand that our role extends beyond legal matters. In times of loss, it’s crucial to provide comfort and support to those grieving, and when they’re ready, guidance for the steps ahead.

    In this blog, we explore practical and heartfelt ways to hold space for your loved ones who are mourning.

    01 | Express Empathy

    When someone is grieving, the simple act of expressing empathy can provide immense comfort. Let your loved one know that you’re there for them, ready to listen without judgment. Phrases like “I’m here for you,” or “I’m so sorry for your loss” can make a significant impact. 

    If you have also lost a loved one, consider relying on your own experience to relate to their feelings and encourage the person that they will make it through this. Just be mindful to keep the focus on their feelings, as everyone experiences the emotions of loss differently.

    If you aren’t sure what to say or aren’t able to be with them physically, a heartfelt card or a handwritten note can convey your sympathy in a tangible and lasting way. Being present on a telephone call can also be extremely comforting. Even if your loved one doesn’t want to talk, just being together in silence can help. 

    02 | Create a Safe Environment

    Grief is a personal journey, and everyone copes differently. Some may need solitude, while others seek companionship. Respect your loved one’s grieving process and offer support tailored to their needs.

    Grieving individuals often need a safe space to express their feelings without fear of judgment. Encourage open communication and let your loved one know that it’s okay to feel a range of emotions. Avoid offering unsolicited advice and instead provide a listening ear. 

    Sometimes, just being present and allowing them to share memories or express their pain can be incredibly therapeutic. 

    If your loved one doesn’t feel like talking or being around others, don’t push them. Leave them a message of support and give them space. Check in with them only if you haven’t heard from them in an unusual amount of time based on your relationship with them.

    Be patient and understand that the stages of grief are unique to each individual. Even if your loved one is feeling better, they will likely have days or weeks where they will feel overwhelmed by grief again. Offer comfort in these moments without trying to change how they feel.

    03 | Offer Practical Help

    During times of grief, even daily tasks can feel insurmountable. Offering practical help, such as preparing a meal, running errands, or assisting with household chores, can make a world of difference to someone in mourning. Small gestures can alleviate the burden on your loved one, allowing them the time and space they need to navigate their emotions.

    If your loved one is grieving for their spouse, they may be at a loss for how to manage their finances or other daily tasks that their partner normally would have handled. Offer to help them pay their bills, set up memorial arrangements, or inform your other relatives about the loss. If your loved one has children to care for, offer to watch their kids for a while, pick them up after school, or help with homework. 

    Where you’re able, try to assist your loved one as part of a routine or ritual. Establishing routines can provide a sense of stability amid grief. This could be as simple as giving them a weekly phone call to check in, a monthly visit to a special place, or inviting them over for dinner every Sunday. The consistency and socialization these routines bring can offer a source of connection and help ease the depression that comes with loss.

    Ease The Burden of Loss on Your Family By Planning Ahead

    In times of grief, the support of friends and family is crucial. But the best way to alleviate some of the stress and anxiety that comes with the loss of a loved one is to create a plan ahead of time. By doing so, everyone you love will know exactly what you want to happen if you become incapacitated or die, and the care of your assets, bills, and loved ones will be handled quickly and smoothly by the people you trust.

    Even more importantly, your loved ones will have our support to walk them through any necessary legal steps they need to take during the mourning process.

    To learn more about how we can help you create a plan that will provide guidance, comfort, and ease for your loved ones after your death or incapacity, schedule a complimentary call with our office.

    We would be honored to be there for your family.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • How to Talk Money With Your Family Over The Holidays

    How to Talk Money With Your Family Over The Holidays

    The holidays are right around the corner, which means more time to gather with family and relatives than any other time of the year. If you’ve been meaning to talk to your family about money, inheritance, end-of-life decisions, estate planning, and creating a plan for your whole family’s wealth – now and in the future – having everyone in the same room is ideal. 

    But asking your relatives how they want their assets handled when they die or if they become incapacitated might not go over well while opening presents or carving a turkey. 

    To keep your family from feeling blindsided and to make the most of your conversation, consider the following three tips.

    01 | Share Your Intention Ahead of Time

    Many people feel uncomfortable talking about their finances. They may have grown up in a family where money talk was considered taboo or perhaps they simply don’t want the details of their finances to create family tension. Some people also feel like talking about estate planning and making a plan for their money is plain bad luck (but we’re happy to report that planning for your assets doesn’t increase your chance of dying, as you’ve already got a 100% chance of death, but it does increase your chances of leaving behind a happy, well-adjusted family). 

    To help your loved ones feel at ease, don’t bring money talk up for the first time while the family is gathered around the TV watching football. Instead, approach the topic weeks ahead of time if possible.

    If you have regular visits or phone calls with your loved ones, let them know you’ve been thinking about creating a plan for your own money and the care of the family in case something happens to you. Casually mentioning that it’s on your mind will help plant the seed for a future conversation with your loved ones and likely get them thinking about their own plan or lack of a plan. 

    As your family gathering approaches, bring up the subject again, this time with more intention and detail. Consider asking the host of your family gatherings, whether it’s your sibling, parent, or adult child when the best time would be to have an all-family conversation about money for 90 minutes. Schedule it and let everyone know that you’ve got something meaningful planned.

    If the host pushes back against the idea, respond with curiosity about their experience, what they feel apprehensive about, and if there’s a way that you could mitigate their apprehension perhaps by speaking with other family members in advance. 

    If you’ve already completed your own planning, use your experience as a springboard for the conversation. More on this below.

    02 | Set Aside a Time and Place to Talk

    Discussing money while opening Christmas gifts isn’t likely to have the results you want. Your best bet is to schedule a time to gather to talk without distractions or interruptions.

    Be upfront with your family about the meeting’s purpose so no one is taken by surprise and so they come prepared for the talk. Choose a setting that’s comfortable, quiet, and private. The more relaxed everyone is, the more likely they’ll be comfortable opening up.

    Begin by sharing the context of why it’s important to you that your family begin having conversations about money, life, and death. You may even want to share that the topic is uncomfortable for you, but that it’s important enough that you’re willing to be uncomfortable because you know these conversations can bring your family closer together, create more family resilience, and ensure you’re all financially well-cared for. 

    Finally, as part of setting context, set a start and stop time for the conversation. Remember, the goal is to simply get the conversation started, not work out all of the details or dollar amounts, so don’t expect this to be the one and only conversation you have – it’s a start.

    03 | Share Your Planning Experience  

    If you’ve already created your own plan, and it included an inventory of your assets, a look at what’s enough, and what would happen to it all when something happens to you (which is what we do during our first Planning Session with you), you can start by explaining how you felt during the process, how easy it was, and how you feel now knowing that your assets and loved ones will be cared for the way you want if something happens to you. 

    If you’ve worked with us, describe how the process unfolded and how we supported you to create a plan designed for your unique wishes and needs.

    Share any concerns or doubts you initially had about planning and how we worked with you to address them. If you have loved ones who’ve yet to do any planning and have doubts about its usefulness, empathize with them in a supportive and understanding way, and share your own journey learning the benefits of planning for your money and your wishes.

    If you haven’t created a plan yet, or have doubts about a plan you created with another attorney, be open about why you want to create a plan for your life and death, such as a desire to avoid family conflict, to ensure that a child, disabled relative, or senior parent is cared for in the future, or to build generational wealth and a legacy for your family. Focus on the benefits that planning will have for both your immediate family and your extended family as a whole.

    Bringing Families Together

    Talking to loved ones about money and estate planning can be difficult, but we can guide and support you in having these intimate discussions with your loved ones. When done right, planning can put your life and relationships into a much clearer focus and offer peace of mind knowing that your assets will be protected and that the people you love most will be provided for no matter what. 

    If you’ve already created a plan with us, be sure to share our library of blog resources with your loved ones. If you haven’t created your own estate plan, doing so before you talk with your family can help your loved ones be more open to the idea and can help them see the incredible benefit of planning from one of their own family members.

    Schedule a complimentary call with us to learn more.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Special Needs Planning in 5 Steps – Part 1

    Special Needs Planning in 5 Steps – Part 1

    If you have a child with special needs, you know they’ll need extra planning to make sure they’re well cared for in the future. But special needs planning can easily end up on the back-burner when you’re juggling multiple therapy appointments, IEP meetings, and the many other challenges that can happen when supporting a child with special needs. You may also find that your biggest roadblock to completing special needs planning is your own fear of disability and death.

    One way through these fears is to take the process one step at a time and view it as a plan that benefits your entire family today, not just as a plan for what happens when you’re no longer around (though a good plan will do that too!). 

    To get started, let’s break special needs planning down into five steps:

    1 | Learn How Special Needs Planning Can Benefit Your Family

    Special needs planning means creating a plan for continuous, consistent support for individuals with special needs so they can live their best lives while maintaining a tailored balance of autonomy and protection. To achieve these goals, most families need the support of public benefits in addition to the private resources of the family.

    Public benefits like Supplemental Security Income (SSI) and Medi-Cal contribute essential support for individuals who meet Social Security Administration criteria for being “disabled.” While public benefits are meager in some respects – few can survive solely on an SSI maximum benefit of $941 per month, for example – Medi-Cal coverage can provide robust support beyond ordinary health insurance. This can include job exploration and coaching, community integration and day service programs, and even residential care.

    However, an individual with a disability must meet certain low-income requirements to qualify for these programs, and any change in the person’s income may result in the loss or disruption of these benefits.

    The foundational fact of special needs planning is this: Gifts or inheritances given directly to individuals with disabilities disrupt the most essential public benefits like SSI, Medi-Cal, and Housing and Urban Development (HUD) subsidies. 

    Even paying rent for an adult disabled individual or allowing them to live with you rent-free can decrease SSI benefits unless handled properly. Thankfully, special needs planning tools like special needs trusts (also called “supplemental needs trusts” or “SNTs”) and ABLE accounts make it possible for families and individuals with disabilities to maximize these public benefits to enhance their quality of life while preserving family assets.

    If this sounds overwhelming, don’t worry. We can help you create a special needs plan that balances the support your child needs with the needs of your entire family through our heart-centered, counseling-based approach to planning. 

    2 | Identify The Best Level of Support for Your Child

    We will help you envision your child with special needs living their best life, first with your support, and then when it’s no longer possible for you to care for them due to death or disability.  What support do they need now and what support do you imagine they’ll need in the future to have the best possible life?

    With a clear vision, we can help you to map out the best plan, ensuring that plan is properly funded, and that you’ve properly incentivized the people you want caring for your child to do so.

    As your child approaches 18 years of age, this step will also involve exploring whether a conservatorship or a supported decision-making process will best serve your child. In general, in a conservatorship, a court removes certain rights and responsibilities of the individual and transfers them to a conservator, who then is responsible to the court for exercising those duties and powers in the best interests of the individual with special needs.

    By contrast, in supported decision-making, individuals with special needs choose and appoint agents to serve under powers of attorney for healthcare and finances. The choice between these options will depend on the individual’s capacity under state law and on their vulnerability to exploitation.

    Parents of children with special needs will also need to identify other family members, friends, and agencies who can provide support alongside themselves. Even if a parent meets all the needs of an individual with special needs alone, this can result in an abrupt transition to a new caregiver when that parent has an accident or medical event, or when that parent dies. 

    Most individuals with special needs struggle with such abrupt changes, and we believe these individuals are better served by a broader care team that will one day create a more gradual transition in caregivers.

    Helping You Start Your Special Needs Planning Journey

    Whether you recently received a diagnosis that your child has special needs, or you’ve been caring for an individual with special needs for a long time, the idea of formally creating a special needs plan can feel overwhelming. But no matter what stage your family is in, it’s never too late or too early to start special needs planning.

    We understand that at times seeking a proper diagnosis, therapy, and educational support must take priority for your loved one with special needs. To some extent, we must secure the present before we look to secure the future. But at the same time, the financial and social results of delaying your special needs planning can have profound consequences. That’s why the future of your loved one with special needs can best be secured through planning sooner rather than later.

    When you’re ready to take the first step toward special needs planning or revisit planning you’ve already done that may not feel complete, give us a call. We’d be honored to help your family build and implement a plan that will serve your loved one with special needs and your entire family for years to come.

    And don’t forget to check back later this month for part two of this series.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Got Minor Kids? 3 Instances When Your Estate Plan Must Include a Kids Protection Plan

    Got Minor Kids? 3 Instances When Your Estate Plan Must Include a Kids Protection Plan

    As a parent, you’ve probably thought about the importance of naming permanent legal guardians for your child in case something happens to you, and maybe you’ve already done it. If you haven’t yet, take this as the sign that now’s the time to do it, in case the unthinkable happens to you.

    But in some cases, naming permanent legal guardians for your child may not be enough to guarantee your kids will always be cared for in the way you want by the people you want. And there may even be a risk of your kids being taken into the care of strangers or someone you would never want.

    Read on to find out if that’s the case for your family, and if it is, contact us ASAP to get your Kids Protection Plan in place. 

    You Leave Your Kids With Non-Related Caregivers 

    If you ever leave your minor kids with a caregiver who isn’t a grandparent, aunt, or other family member that the authorities would naturally leave your kids with if something happens to you, this is what could happen.

    Your kids are home with the babysitter. You don’t make it home, and the authorities are called. The authorities show up at your house, and what would they do?

    Would they leave your children at home with the person taking care of them while they attempt to find your will or legal guardian nomination? Would they even be able to find your legal documents? Would your legal documents name someone who would be immediately available to come to stay with your children, and would the authorities leave your children with those people without a court order?

    If not, you need a Kids Protection Plan to fill in the gap. 

    Permanent guardian nominations only take effect upon your passing and are made official through the court system. This means that they don’t give any legal authority to your chosen guardians in an emergency or if you become incapacitated. 

    Because of this, law enforcement could place your child into protective custody with social services in the event of your sudden absence or incapacity due to an illness or injury. To minimize the chances that would happen, we can name legal guardians for the short-term, and give those named guardians the legal documentation they would need and instructions on what to do immediately if something happens to you. 

    In addition, we will give you the tools to ensure that anyone staying with your children while you aren’t there knows exactly what to do if something happens to you. 

    You Have Someone In Your Life You Would NEVER Want Raising Your Kids 

    While this may not apply to you, if it does, you absolutely, 100%, without question need to contact us for a Kids Protection Plan STAT. If you have anyone in your life you would never want raising your kids if you aren’t able to due to illness or injury, we can ensure that person is confidentially excluded from your plan using a Kids Protection Plan. We can structure it so that this confidential document is only brought forward if necessary to keep your children out of the care of the person you would never want to raise them.

    You Have Unique Desires For Your Kids’ Education, Health Care, or Financial Well-Being

    You’ve probably given a lot of thought to how you want to educate your children, the kinds of healthcare decisions you make for them, and how you want them to experience reality from a financial perspective. If that’s the case, then you absolutely want to ensure that anyone raising your children will know how you would have wanted these decisions to be made. 

    Otherwise, if you don’t take the time to leave instructions to the people who could raise your children, they won’t know how you would make decisions if you cannot be there to communicate your hopes, dreams, wishes, and desires.

    Here’s the great thing about this. There’s a 99% chance that you’re not going to become incapacitated or die while your children are minors (phew), and yet taking the time to write down your unique desires for their well-being and care is an illuminating process in and of itself that will make you a better parent right now.

    We hear it again and again from our clients that when they create their Kids Protection Plan with us, they immediately feel a great deal of relief and a belief that they’re being the best parents they can possibly be. They have more clarity about what’s really important to them, what they want to emphasize, who they want their children to develop relationships with, and where they can better focus their own time, energy, and attention.

    If you aren’t sure where to start when creating these instructions, don’t worry. We will support you with the whole process when we create your Kids Protection Plan. 

    Comprehensive Protection for The Ones You Love Most

    Nominating permanent legal guardians is an essential piece of your estate plan, but in reality, it often isn’t enough to ensure your child remains in the care of people you choose, know, love, and trust if something happens to you. If your children are ever left with a relative, or if there is anyone in your life you wouldn’t want raising your kids, or if you have unique high-value wishes for the way your children are raised when it comes to their education, health, or financial well-being, you need a full-fledged Kids Protection Plan. 

    If you’re ready to create a Kids Protection Plan for your child, the first step is to schedule your Life & Legacy Planning Session. During the session, I’ll look at everything you own and everyone you love to get to know your family and your wishes on a personal level. Then I’ll explain how the law would affect your family if something happened to you today, and together, we’ll design a plan that will protect your assets and your loved ones, no matter what.

    To get started, schedule a complimentary 15-minute call. We can’t wait to protect your children and your entire family through comprehensive planning.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • The Special Needs Planning Lesson We Learned From Aretha Franklin’s Estate Battle

    The Special Needs Planning Lesson We Learned From Aretha Franklin’s Estate Battle

    You may have noticed the recent lawsuit between Aretha Franklin’s children to settle her estate, but did you catch the special needs planning element?  

    Aretha Franklin wowed America and the world as the Queen of Soul, but Aretha didn’t wow us with her estate planning. She left two handwritten wills, and the one a jury ruled valid was found stuffed between her couch cushions.

    To settle a dispute over the two wills, two of her sons went to court against a third, and while the two may have declared victory, it’s hard to feel that anyone truly won. An estate initially estimated to be valued at $80 million was whittled down to $4 million by the time the case was concluded, and while some funds were lost unnecessarily to taxes, a large portion was lost to the lawsuit itself.

    But here’s the special needs planning element you may have missed: A fourth son lives in assisted living under a court guardianship, and his guardian settled with the other three brothers out of court.

    While Aretha’s huge estate will be able to support her son with special needs, most parents won’t have a multi-million dollar estate waiting for their children at their deaths. Most parents of children with special needs need to provide financially for their child while being careful not to disqualify them from much-needed government support programs like Medicaid and SSI. Making sure there is a financial plan for your child with special needs is essential in order to supplement the benefits that child can receive from government programs.

    Balancing Support with Program Eligibility

    The goal of special needs planning is to provide continuous, consistent support for an individual with special needs across their lifetime. Aretha earned the money to provide care for her son without the need for careful planning, but most families need to maximize government benefits such as Supplemental Security Income (“SSI”) and Medicaid to care for a child with special needs and provide for the needs not met by government programs.

    Parents who earn Social Security retirement benefits will be able to provide some of that benefit amount to their child with special needs when they pass away, and a child with a disability can work a limited amount, earn his own Social Security benefits, and eventually qualify for Medicare. Many individuals with special needs, however, receive services through Medicaid which Medicare won’t provide such as job coaching, community integration, and day or residential services. 

    But even with these benefits, nobody can live on the maximum SSI payment of $914 per month, and Medicaid eligibility requires individuals to have under $2,000 in assets (with a few exceptions) to qualify. Because of this, parents of children with special needs must find a way to provide financially for their child while being careful not to disqualify their child from these government programs. 

    Careful Planning Preserves Your Assets for The Entire Family

    To preserve your child’s eligibility for government benefits, the money you leave for the care of a child with special needs cannot go to that child directly. Instead, you must direct any gifts or inheritances into special planning vehicles such as a special needs trust for your child’s benefit.

    If you establish this trust during your lifetime, the assets can be used to supplement government benefits throughout your child’s life and any remaining funds are then passed on to other family members when the child with a disability passes away. But if the special needs trust is set up after your death – in the absence of planning – any remaining funds in the trust must be used first to repay the state Medicaid agency that provided the child’s lifetime of care. 

    While Aretha’s son may end up with a special needs trust established by a court, the rest of the family will never see those funds again because the trust was established after Aretha’s death. By law, government programs are entitled to be paid back for the assistance they provide to people with disabilities out of that person’s leftover estate. At Aretha’s death, the inheritance she left her son became part of his estate, so it’s now subject to pay-back collections for his government assistance when he dies.

    If Aretha had created a special needs trust while she was living, the funds in the trust would still be considered part of Aretha’s estate, even after her death. Her son would have been provided for through this trust but his brothers would then inherit the remaining funds when the son with disabilities passes away. 

    Applying these rules to the Franklin family has its limits. The son under a guardianship may be able to afford a lifetime of private pay – if the taxes and lawsuit didn’t diminish his share too greatly. But even Medicaid care rates for an individual with special needs can range from $50,000 to $350,000 per year – not an amount most families can afford.

    This son may not have children of his own who would benefit from receiving any remaining funds after his lifetime, but many individuals with special needs have children for whom these funds could be meaningful. Likewise, siblings and other family members often devote countless unpaid hours to provide support for their loved one with special needs, sometimes at the expense of their own careers and families. Receiving some inheritance after years of caregiving can help alleviate the financial sacrifices these family members made.

    Helping You Protect Your Child and Their Inheritance with Heart-Centered Guidance 

    It’s my mission to help your family live their best life today and plan for the best possible care for your loved ones tomorrow. Whether you have a child with special needs or an adult loved one who develops a disability ten years from now, I can help your family plan for these situations and more while keeping your family out of court and conflict and preserving family wealth.  

    The first step is to go through our unique planning process called a Family Wealth Planning Session to choose the right plan for you, your kids, and everyone you love. During the session, I get to know your family’s unique needs and dynamics as well as your assets. I’ll share how the law would apply to your situation and exactly what would happen to your assets and your loved ones if something happened to you right now.

    Next, we’ll work together to choose the right plan for you based on the specifics of your family situation and the budget you’re comfortable with. Once this foundational estate plan is created, we’ll review what extra tools may be right for your family or loved one with special needs to ensure they’re cared for and protected no matter what happens.

    While Aretha Franklin missed the opportunity to save her family millions of dollars by using special needs planning tools, your own estate planning and special needs planning can preserve your family’s wealth and ensure a lifetime of care for everyone you love.

    To get started, call me at (650) 600-1735 to learn more about my unique process and how I can help you and your child with special needs live your best lives.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Include Your Intellectual Property In Your Estate Plan

    Include Your Intellectual Property In Your Estate Plan

    You don’t have to be a famous producer or household name to own intellectual property. If you create music, own a business, write stories, or build gadgets in your garage, you almost certainly have intellectual property. However, because intellectual property is intangible, it’s often overlooked in estate planning.

    If you do have intellectual property, it may hold significant sentimental and even monetary value for you and the people who love you. Without properly planning for these works in your estate plan, your family could lose these valuable assets forever.

    Even if you’ve worked with a lawyer to set up your business, write a will, or file your taxes, those professionals may not be thinking about what happens to your intangible assets upon your death. Many lawyers who focus on estate planning don’t really understand the value of intellectual property and how to protect it. We do, and now so will you.

    It’s essential that you take the proper steps to not only protect these intangible assets during your lifetime but also ensure that your intellectual property is properly handled following your death. That way, the monetary and human value of your intellectual property isn’t lost forever when you die.

    Safeguard Your Intellectual Property During Life

    While you might think that identifying, protecting, and valuing your intellectual property is something that only applies to big companies and famous artists, that’s definitely not the case. Your intellectual property has sentimental value to your family and may have more monetary value than you realize, and could be of even greater value to your loved ones after you’ve died.

    The first step to take in protecting your intellectual property is to formally document it in an inventory of assets that describes what the asset is, where it’s located, and how to access it if it’s a digital or intangible item. This is something I help all of my clients create to ensure that no asset, whether tangible or intangible, is left out of their plan or lost when they die. 

    The next step is to consider if any of your intellectual property should be legally registered in the form of trademarks, copyrights, or patents with the U.S. Patent and Trademark Office. Original works are automatically copyrighted when you create them, but without legally registering your copyrights, it can be difficult to prove and enforce your copyright if someone steals your work and presents it as their own. If you’re lending, renting, licensing, or selling anything you’ve created to a third party, it’s also important to have the proper legal agreements and contracts in place to ensure there’s no question about who owns the material.

    Likewise, if you own a business and haven’t protected your intellectual property with copyrights, trademarks, patents, royalty and licensing agreements, non-competes for employees, and work-for-hire provisions in your existing agreements with independent contractors and vendors, now is the time to do so.

    Don’t wait until your intellectual property is stolen or you receive a cease-and-desist letter to put these protections in place. Registering a trademark or copyright might cost you time and money, but failing to register your original works can cost you far more than that in legal fees or the lost value of your assets, especially if your family ends up in court trying to fight for what you created.

    Protect Your Intellectual Property for Future Generations

    In addition to protecting your intellectual property during your lifetime, it’s equally important to plan for what will happen to these assets at your incapacity or death, and to protect your heirs from a potentially long and costly court battle over the ownership of your intangible assets.

    The most important thing is to make sure that your family can locate and access your intellectual property after you’re gone. Otherwise, your work could be lost forever. 

    Once you’ve created an inventory of your assets, you’ll need to make sure your loved ones know how to find your inventory so that if you die or become incapacitated they can easily locate and access your assets. Your inventory should also include how each asset is accounted for in your estate plan and whether you share ownership of any intellectual property with another person or company. 

    To make sure all of your assets are planned for in the right way, it’s imperative to meet with an estate planning attorney who has the experience and knowledge to plan for your intellectual property and protect any future income the property may generate for your loved ones.

    Your attorney should help you plan for each asset, who will inherit it, how its value will be distributed, and how income generated from it will be used, all while avoiding the need for a long and costly probate proceeding. 

    If you think this all sounds overly complicated, imagine how much more difficult it will be for your loved ones to deal with it should something happen to you. In fact, it could prove impossible for your loved ones to handle these matters in your absence, which is why it’s so important for you and your legal team to take care of these issues now. That way, your family isn’t stuck trying to clean up your mess after your death.

    Planning for All of Your Assets, In The Best Way

    While you might not be a famous author, artist, or musician (yet), you very well may have valuable intellectual property, and chances are that property hasn’t been properly documented or accounted for in your estate plan. Besides monetary value, your pieces of intellectual property are unique creations that reflect your heart, soul, and personality that your family will cherish for years to come.

    To make sure all of your assets are protected and planned for, including your intellectual assets, give us a call at (650) 600-1735. We offer expertise in documenting, valuing, and protecting your intangible assets so your loved ones can benefit from these creations for generations to come.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

  • AARP and The Red Cross Celebrate Make-A-Will Month, But Here’s What They Didn’t Tell You

    AARP and The Red Cross Celebrate Make-A-Will Month, But Here’s What They Didn’t Tell You

    August is National Make-A-Will Month and you may have received an advertisement in your inbox or mailbox from AARP or the American Red Cross reminding you to get your will taken care of this month. Both AARP and the Red Cross promoted their partnerships with FreeWill.com, a website that claims to help you create a legally valid will in just 20 minutes. 

    A will is usually the first thing that comes to mind when you think of getting your affairs in order, so the advice presented by AARP, the Red Cross, and National Make-A-Will Month itself sounds really good. But in reality, the message of AARP and the Red Cross for Make-A-Will Month could leave your family with a stressful mess when you die or if you become incapacitated first.

    To understand why, it’s important to know what a will does and where its limits lie.

    A Will Doesn’t Cover All of Your Assets

    Advertisements and public campaigns about making a will can make it seem like a will can take care of all of your needs and all of your assets after you’ve died. In reality, a will only covers certain items of your property, including any property owned solely in your name and any property that doesn’t have a beneficiary designation.

    That means a will doesn’t control property co-owned by you with others listed as joint tenants or owned as marital property with a spouse, meaning you can only give away your share of any property you own with others, not the entire property.

    Assets such as retirement accounts and life insurance policies that have beneficiary designations are not controlled by your will at all but will instead be paid out directly to the person listed as your beneficiary on each account. Because of this, it’s especially important to make sure your account beneficiaries are up to date. And that you have backup designations in case your chosen beneficiary isn’t living at the time of your death.

    Even if your will states that you want your wishes to apply to all of your assets, the wishes in your will are always trumped by beneficiary designations and co-ownership laws.

    A Will Does Nothing For You If You Become Incapacitated

    Since your will doesn’t have any authority until after you’ve died, you can’t use it to give someone you trust the power to make decisions for you if you’re incapacitated due to illness or injury. An incapacity can occur as a result of a car accident, an injury sustained while playing with your softball league, or due to an illness, and may be temporary or permanent.

    Tasks like paying your bills, managing your money, and maintaining your home may all require help if you become incapacitated. Likewise, you’ll need someone who can make medical decisions for you if you’re unconscious or unable to communicate your medical choices effectively, such as if you’re in an induced coma in the hospital or have memory problems due to an injury or degenerative condition.

    Unfortunately, the people named in your will have no authority to make decisions for you or act on your behalf while you’re alive unless you’ve given them that power through a separate power of attorney. Without it, your loved ones may need to go through a court guardianship process to gain the authority to take care of you and your home.

    A Will Must Be Filed in Court to Be Used

    One of the biggest estate planning myths I hear from clients is the belief that by having a will, their loved ones won’t need to go to court after they die.

    Sadly, this is the opposite of the truth.

    A will only has the authority to control your assets and represent your decisions when it is filed under a probate case in court after your death. If you named someone in your will to manage your estate or watch over your children, that person will have no authority to do so while you’re alive. 

    Your chosen representatives can only begin the process of managing your assets and following the wishes you’ve left in your will only after a judge or court commissioner has formally given them the power. While court oversight can be helpful if there is any confusion or disagreement about your estate, the probate process can be long and expensive. Often, the process can take 12 – 18 months or sometimes even longer. 

    Due to the length and complexity of the process, going through probate can easily cost your family tens of thousands of dollars. Some states even require that probate cost a certain percentage of your estate’s value.

    In addition, because probate is a public court proceeding, your will becomes part of the public record upon your death, allowing everyone to see the contents of your estate, who your beneficiaries are, and what they’ll receive. Unfortunately, it’s not uncommon for scammers to use this information to try to take advantage of young or vulnerable beneficiaries who just inherited money from you.

    A Will is Not an Estate Plan

    Organizations often promote a message of the importance of creating a will because a will is a tool that most people have heard of and are familiar with, which makes it an easy launching point to talk about the importance of planning for your assets and your loved ones. But the thing is, a will isn’t the one-and-done solution that most people are led to believe. 

    The terms “will” and “estate plan” are often used interchangeably to mean a tool for dispersing your assets and protecting your wishes, but these two terms are not the same. In reality, a will is just one piece of your overall estate plan, not the entire plan itself. An estate plan isn’t just one or two documents – it’s a range of strategic decisions about the allocation and title of your assets, and it’s a set of tools and counseling-oriented planning that make sure everything and everyone you love is taken care of both while you’re alive and after you’re gone. 

    Your complete estate plan may include a will, a trust, powers of attorney, and other tools that are tailored to your specific situation, local laws, and your vision for the future. 

    And even more important than both a will and a trust is an inventory of your assets so your family knows what you have, where it is, and how to find it when you become incapacitated or die. Without an inventory of your assets, your family will be lost when something happens to you. A comprehensive inventory updated throughout your lifetime is a critical, and often overlooked, piece of an estate plan.

    Trusted Guidance and Counseling

    An online program may be able to give you a legally valid will or other legal documents, but just because something is legally valid doesn’t mean it will be effective. And any document created through a 20-minute online tool is almost guaranteed not to work for you and your loved ones when they need it. 

    If you’re ready to see how having an estate plan created for your family with heart-forward professional guidance is different than just creating a will online, schedule your Family Wealth Planning Session today. During the session, we’ll review an inventory of everything you have and everyone you love, and together look at what would happen to your possessions and loved ones when something does happen. Then I’ll help you develop a plan that works exactly as you want it – at your budget and with your vision – to make sure your loved ones are taken care of when you can’t be there.

    Most importantly, any document created using an online tool will lack the knowledge, guidance, and personal counseling of a trusted expert who knows your situation and cares about your plan’s effectiveness.

    That’s why I don’t just create documents – I guide you and your family through every step of the process, now and at the time of your passing. I even help all of my clients pass on something more valuable than their money – their values, stories, and wisdom – through a Family Legacy Interview.

    To get clarity on what you and the people you love truly need, call me at (650) 600-1735 so you can take the first step toward your Family Wealth Planning Session today.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Can You Rely on Legal Insurance for Your Estate Plan?

    Can You Rely on Legal Insurance for Your Estate Plan?

    As the need for affordable legal services becomes even more important in today’s world, it’s common to opt for group legal insurance offered through your workplace benefits. These group insurance plans provide free legal assistance for a variety of needs from law firms that have contracted with the insurance company to provide the legal work.

    While group legal insurance might seem like an easy option to save on your family’s legal needs, it’s often inadequate for creating the kind of estate plan you really need to protect your assets, your choices, and your loved ones. In fact – the type of estate plan, will, or trust created through legal insurance programs could leave your family with a big mess.

    Here are the reasons why estate planning for your family demands a heart-centered, counseling-oriented approach and guidance beyond the scope of your group legal insurance coverage. I’ll help you understand the potential pitfalls of using group legal insurance for estate planning and share suitable alternatives to ensure your assets are properly protected and that your loved ones are left with a legacy of love, and not a big mess.

    One Size Doesn’t Fit All

    When it comes to estate planning, if you have people you love and assets you care about, there is no such thing as a one-size-fits-all plan that works for you and your family. While there are almost always at least, and sometimes 4 key documents in a standard estate plan–a will, trust, health care directive, and power of attorney–there are additional pieces of planning that are quite important for your family, depending on the specifics of your family dynamics and the nature of your assets, to ensure that your plan actually will work when your family needs it. Not to mention the content of these 4 documents must be specifically tailored to meet the unique needs of your family.

    Each person and each family has unique circumstances that require custom planning to ensure their plan works the way you want it to. Your financial, medical, and personal needs must be taken into account to craft a comprehensive plan that will serve you now and pass on your assets in the best way after you’re gone, all while ensuring the best use of your resources during your life. 

    Your group legal insurance plan may have the 4 key documents of an estate plan, but a generic set of planning documents is unlikely to work for you the way you want, and will almost certainly guarantee your family will end up lost and confused when something actually happens to you, and your family needs the support of the plan you created to guide them. 

    To create a plan that will truly work for you and your family, your planning process needs to begin with an evaluation of your assets and family dynamics and needs to educate you about the application of the law to your specific situation. This is why we don’t have a one-size-fits-all solution, but instead begin our planning with you looking holistically at everything you have, everyone you love, and what you desire for the people you love.  

    The type of cookie-cutter estate plan you’re likely to receive through your group legal insurance simply won’t include the kind of comprehensive considerations and counseling necessary to deliver a plan that will serve you and your loved ones in the way you would want while keeping your family out of court and conflict.

    Legal Insurance Nickel and Dimes

    Many group legal insurance plans boast free legal services after your deductible is paid, but what isn’t revealed is the limit of the coverage that’s covered for free.

    Only certain types of legal services are covered under group legal insurance plans. Estate planning is frequently covered, but the kind of plan you will receive is a mere set of documents, similar to what you could create yourself online, and not a customized, well-counseled plan that will be sure to work when your family needs it.

    Plus, some items that are essential to the creation of your plan, like notary stamps or fees to file documents with the state, aren’t included in the covered service and are instead charged to you as an extra expense.

    More importantly, most legal insurance plans have limits to the amount of claims you can file for each type of service each year. For example, you may only be covered to create a will once a year, but won’t be covered if you need to update your estate plan mid-year if circumstances change or someone dies. Estate planning isn’t something you do once, as your life will change, your assets will change, and the law will change. A legal insurance covered plan won’t keep up with those changes, so you may receive documents, but those documents aren’t likely to be what your family needs when something happens to you.

    You Need a Heart-Centered, Counseling-Based Planning Approach

    Creating an estate plan isn’t just about a will or a trust or passing on your money after you’ve died. It’s about making wise decisions about the use of your resources throughout your life, leaving your assets in a way that creates a legacy, not a mess, and creating the best reality possible for yourself and your loved ones. 

    I take a holistic approach to serving you by working closely with you and your family to understand what matters to you, your family’s dynamics and values, and the aspirations you have for your family as a whole. Then I review and consider all of your assets, including the intangible assets often left out of planning. Then together we create a truly personalized plan that takes into account every aspect of your family’s well-being for the near and long-term

    What’s more, your needs and your family’s needs will change over time. You’ll buy new assets and sell others. You may have another child, or become a grandparent. Your son may start a business or your sister may develop a disability.

    That’s why it’s crucial to coordinate your estate plan with the circumstances of your loved ones so that your wishes are honored and your assets are protected no matter how their situation changes over time.

    To do this, I look at how your wishes and the circumstances of your loved ones intersect and can provide you with personalized guidance at any stage in life’s journey.

    In addition, our planning process includes creating an inventory of all of your assets and we review your entire plan, including all of your decisions and your asset inventory for free every three years to make sure the plan we created for you will continue to serve you and your family in the way you intended. By doing this, we can identify any areas of your plan that need to be changed and any new assets that need to be coordinated into your plan.

    Legal Insurance Plans Lack Long-Term Considerations

    Estate planning is a journey that spans a lifetime. As your finances, needs, and wishes evolve over time, your estate plan must adapt accordingly. Relying solely on group legal insurance won’t provide the ongoing support and guidance needed to address changing circumstances over the years. 

    Under group legal insurance, your choice of attorneys is limited to the firms that have contracts with the insurance company, and there is no guarantee that the attorney you worked with this year will be available to help with changes to your plan next year.

    Your children will grow into adults. That means you’ll lose your ability to make decisions for them unless you update your estate plan to nominate a permanent guardian or power of attorney for them. We can help with that.

    You may wish to leave your house to your daughter but you worry about the longevity of her marriage. We’ll help you look at all of these considerations as part of our planning with you now and as they come up in the years that follow.

    Time-sensitive changes to your plan that are needed as a result of a sudden emergency or death in the family may be impossible to carry out when using an attorney through group legal insurance. Instead, you want to work with an attorney who knows your family’s story and can pick up right where you left off, allowing them to quickly and effectively address any needed changes to your plan with just a phone call.

    Trusted Expertise in Estate Planning

    While group legal insurance may seem like the ultimate way to protect your loved one’s future legal needs and your family’s wallet, sadly, the services available through these group insurance plans simply aren’t comprehensive enough to ensure you and your family get the support and guidance they need and deserve.

    Instead, it’s crucial to work with an experienced estate planning attorney who gets to know your family on a personal level and can guide you every step of the way.

    Your estate planning journey deserves personalized attention, compassionate understanding, and unwavering dedication. That’s why I have dedicated my practice to using a form of estate planning we call Life & Legacy Planning, allowing me to guide you skillfully through the decision-making process while looking ahead to proactively avoid issues in the future. 

    If you want to make sure your loved ones are always cared for no matter what the future holds, call me at (650) 600-1735 and I’ll share all the details of our Family Wealth Planning Session, which kicks off our Life & Legacy Planning process. 

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Have a Loved One with Special Needs? Why You Need Your Plan Reviewed If You Moved Here From Another State

    Have a Loved One with Special Needs? Why You Need Your Plan Reviewed If You Moved Here From Another State

    Life is full of unexpected journeys, and sometimes circumstances lead us to need to move from one state to another. Amidst the excitement and challenges of moving, one critical aspect that demands your immediate attention is your plan for the well-being and security of your loved one with special needs. 

    Whether you moved for a job opportunity, family reasons, or to get a fresh start, it’s crucial to recognize how your carefully crafted special needs plan may be impacted by the difference in our state laws and regulations. What worked well in your previous state may not be as effective or valid in your new home. 

    To ensure your loved one’s future remains secure, it’s urgent to have your plan reviewed promptly after a move and updated accordingly.

    Each State Has Specific Disability Benefit Laws and Programs

    Special needs planning is a multifaceted process, greatly impacted by the laws and regulations of the state where the plan was created. Each state has its own unique legal framework that governs vital aspects of your plan such as guardianship, special needs trusts, public benefits, and Medicaid eligibility. 

    A well-designed plan in one state might not fully protect your loved one’s interests once you relocate. For example, if your loved one benefits from state-sponsored in-home care, you’ll need to apply for a similar program here in your new state, and our program may have very different requirements or processes than your previous in-home care program.

    Your Government Benefits Amount May Have Changed

    Government benefits like Medicaid and Supplemental Security Income (SSI) are essential lifelines for individuals with special needs. However, eligibility requirements and benefits amounts can vary significantly from state to state. A move to another state could potentially disrupt your loved one’s access to these critical programs if your plan isn’t modified accordingly.

    It’s essential to have your loved one’s income and asset limits reviewed in light of these programs and submit any necessary paperwork to update your residence and income levels with our state’s Supplemental Security Income (SSI) office. This ensures your loved one is receiving the right financial support from this program.

    For example, your loved one may have received an extra $49 a month in SSI benefits if you lived in Connecticut, but they may be eligible for an extra $140 a month in SSI if you moved to Delaware.

    Guardianship of Your Loved One May Need Modification

    If you were appointed as a permanent guardian of your loved one in your previous state, you should have your guardianship status reviewed here. Different states have varying procedures and criteria for guardianship appointments, making it essential to review and possibly modify your guardianship arrangements to ensure they align with our state’s requirements.

    For example, a backup or co-guardian may have been court-appointed in your previous state, but if that co-guardian didn’t move with you, you’ll need to seek the appointment of a new co-guardian as soon as possible. This is essential to ensure there’s no disruption in your loved one’s care if you die or become incapacitated.

    Special Needs Trust Requirements Can Differ

    Special needs trusts play a pivotal role in securing your loved one’s financial future while preserving their eligibility for government benefits. However, every state has different laws for managing a special needs trust and reporting it to government agencies, so the effectiveness and compliance of your trust might be jeopardized if it was designed under different state laws. 

    Reviewing your trust with a knowledgeable special needs planning attorney will help ensure it conforms to the specific regulations of our state.

    Ensuring a Seamless Transition for You and Your Family

    Relocating is already a significant life event, and the last thing you need is added stress and uncertainty regarding your loved one’s future. Having your special needs plan reviewed promptly after you move or even before you move will provide peace of mind knowing that your family’s interests are adequately protected during this transition period.

    As you settle into your new home, remember you don’t have to navigate this complex process alone. I’m here to guide you every step of the way. 

    My expertise lies in understanding the intricacies of our state laws and ensuring the special needs plan in place for your loved one remains robust and effective no matter where life takes you.

    To learn more about how I can ensure your special needs plan is updated according to our state’s rules (and continues to stay up-to-date), call me today at (650) 600-1735.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

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