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Tag: special needs estate planning

  • Not Your Regular Estate Planning Attorney: Why Your Family Deserves a Lawyer With a Special Needs Focus

    Not Your Regular Estate Planning Attorney: Why Your Family Deserves a Lawyer With a Special Needs Focus

    Families caring for a loved one with special needs experience challenges as varied as the types of special needs themselves. Nonetheless, each faces a shared reality: the savings or life insurance proceeds you intend to provide for your child with special needs after your death or disability can cause your child to lose their disability payments, health care, and support services. 

    As a lawyer with a special needs planning focus, I can help prevent this, ensuring that your loved one can keep their public benefits while your assets supplement and improve their care for years to come.

    But it takes more than basic estate planning to create a plan for an individual with special needs.

    Keeps reading to learn why.

    How a Lawyer With a Special Needs Focus Makes The Difference

    I’m an estate planning attorney who has committed to providing premium special needs planning in my community and have undergone rigorous training and testing to earn the designation.

    My goal is to use my comprehensive legal training to help maximize your loved one’s public benefits, preserve family resources, and enable all family members to live their best lives.

    Special needs planning requires substantial knowledge beyond what an ordinary estate planning attorney provides. 

    Each public benefits program such as Social Security, Medi-Cal, and Housing Assistance have specific eligibility requirements and asset limits that are difficult to understand without the proper training. A seemingly helpful change in the life of your loved one with special needs, such as them getting a job at a local grocery store or getting financial help from their grandparents, can result in the loss of their eligibility to receive much-needed benefits for months or even years.

    Thankfully, there are several estate planning tools that help individuals with special needs and their families live meaningful and comfortable lives without needing to sacrifice their needs or their family’s best intentions. I help you understand these options and evaluate all of the legal tools available to find the best methods for protecting your assets while ensuring your loved one with special needs continues to receive excellent care.

    In the end, we create a plan that not only meets your family’s unique needs and circumstances but also helps your loved one foster their independence while always having the best possible support so they can live their life to the fullest.

    Supporting Your Family Every Step of The Way

    Imagining a future where you aren’t there to care for your child with special needs can be difficult. I gently guide families in preparing for the realities of death and disability with clear eyes and an open heart. 

    I understand that your loved one is everything to you and making sure they have the care and support they need throughout their life is of the utmost importance.

    To make the planning process as easy as possible, I help you set up your core estate planning foundations and then incorporate the special needs planning tools that best serve your loved one and their future caregivers. 

    In addition, I work with you and your family to make sure that everyone involved in your loved one’s care knows their role and knows they can count on my office for support in understanding how best to serve as your loved one’s guardian, trustee, or power of attorney. 

    Finally, I review your plan at least every three years to keep it up to date with life’s changes so it will always work for you and your family.

    I embrace the responsibility of empowering individuals with special needs to live their best lives, and am honored to join in solidarity with the special needs community to serve that goal. 

    If you’re ready to create an estate plan that is specifically tailored to your family dynamics and needs, schedule your free 15-minute call to learn more. I can’t wait to serve you and the ones you love.

    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.

  • Rhinestones and Tears – A Call to Disability Advocacy

    Rhinestones and Tears – A Call to Disability Advocacy

    Guest columnist, lawyer with special needs focus, Shauna Collins

    Have you ever attended the Special Olympics, a disability resource fair, or maybe a softball game and been surprised to find yourself in tears?  I don’t mean when someone gets injured or suffers a disappointing finish – those tears are easily explained. The origin is a little less clear for the tears I’m talking about.

    I once attended a soccer match in which my niece was a star player, in her element and having a stellar game. Her mom was cheering her on wildly as always, but I was blubbering like a baby. I was perplexed but could neither stop nor pinpoint the source of the tears.

    I had a similar moment years ago when Dolly Parton passed by in her annual parade opening Dollywood for the season. Back then, I was mortified by my tearful response, and words fail to describe my husband’s alarm at my tear-filled reaction. He hadn’t always shared my conviction that “doing my work” in therapy was the best investment of family resources, but all comments on therapy bills ceased immediately. 

    Well, the tears poured again recently at a special needs softball game and yet again during a noisy lunch at Disability Day on the Hill in Nashville. 

    At the game, teams of players, diverse in abilities and skills, alternated cheers and groans. They exulted with hands in the air and expressed disappointment by shaking heads and stomping their feet. And as usual, our team geared up their trash-talking. They loudly announced plans to outdo each other, “show ‘em who’s boss,” “knock it out of the park,” and finally, “get ‘em next time.” Here my tears crept up again.

    My years of therapy have not been in vain, though. Well past any embarrassment at emotion taking me by surprise, I was able to get curious. Why did those same unstoppable tears come up when our team started egging on the opposition? Why did it feel just like seeing Dolly pass by that spring day long ago, rhinestones sparkling in the sun? What could these events possibly have in common? 

    Luckily, I had nine innings to ponder these questions, and here’s what I figured out:  

    The team felt they belonged. They belonged on this field, and they belonged to each other. They belonged to the Sertoma Center, a nonprofit providing services for adults with intellectual and developmental disabilities, and the Sertoma Center and its team belonged to them. They belonged to the wider community that is the Knoxville Parks and Recreation Dynamic Softball League, and that wider community – maybe the whole city – belonged to them. 

    And the staff and parents watching – we belonged to them too. And the gift of belonging to them was a big part of what I was born to be. Serving them and their community is a vital part of what I was born to do. Just like my niece on that soccer pitch – talented, trained, hard-working, determined – doing what she was born to do and doing it with all her heart. 

    Something similar stirred my tears at Disability Day on the Hill. We were focused on two things: increasing pay for direct service providers (“DSPs”) and defeating a bill that would have allowed harsh physical restraints by lightly trained staff on students with special needs. Low DSP pay has meant continual staff shortages and curtailed services. The proposed restraints were not only prohibited on neurotypical students but also refused as ineffective by the most highly trained crisis intervention specialists.

    While advocating for these changes, some lawmakers kept us waiting for scheduled appointments – and it’s no small matter to throw my son with autism off his schedule. Some politicians had not fully committed to our requests, but they had all ultimately listened and engaged with our son – always respectfully, but often even joyfully!

    We ultimately got what we asked for on both counts, but we didn’t know that when scores of people impacted by disabilities gathered for lunch that day. Challenges abounded, and the chaos and fear levels were as high as the noise. 

    No matter our political perspective, we all feel some brokenness in our society, and the stakes are even higher for people with disabilities and the families who love them. 

    But the lump in my throat that day wasn’t from a fear of the outcome or the dry turkey sandwich in our boxed lunches. We were together with our people, doing what we were meant to be doing, and doing it with all our hearts. Just like Dolly – fully and majestically herself, doing what she was born to do and doing it with all her heart, dang near all the dang time. 

    When a stringy-haired little girl from the Smoky Mountains started singing at church, no doubt many were impressed. Perhaps she only glimpsed all that was to come as she poured her gifts out into the world, but that glimmer was enough, joined with her absolute resolve, to see her potential realized. 

    I’ve come to embrace those moments when my tears arise at some sacred glimpse into human potential. Just like Dolly, we have the potential to become people and a society at our best, doing what we were meant to be doing – listening to each other, learning, and figuring it out together. 

    The disability community knows perhaps better than any other how to celebrate the individual while also valuing collective efforts. Given the skin we have in the game, it wouldn’t surprise me one bit for our community to lead the way – rhinestones, tears, and all!

    As a firm with a special needs focus, we don’t just focus on a special needs plan for our clients – as crucial as that is. We recognize the gifts that individuals with special needs provide to their families and their communities, and we embrace our shared responsibility to empower those individuals to live their best lives. Sharing that responsibility with our clients is an honor that we don’t take lightly. Sharing it with our society through disability advocacy is yet more sacred ground. 

    Take the Next Steps in Your Journey Today 

    We invite you to join us today in seeing our potential realized – as both individuals and as a society – in the ways best suited to your needs and gifts at this time. 

    First, if you love someone with a disability (including yourself) and want to ensure your family’s resources and legal planning are aligned to support that individual in realizing his or her potential, please schedule a complimentary call to learn about our heart-centered special needs planning process. We will gladly put our legal skills and knowledge to work in support of your own commitment and resolve to achieve your family’s goals. 

    If you’re ready to start your advocacy journey, support the Home and Community-Based Services (HCBS) Relief Act of 2023. The bill extends funding to address the DSP workforce crisis and move 650,000 people nationwide off waitlists and into services. Providing this support for employment, community integration, and care for disabled individuals is among the most meaningful choices we make as a society.

    And stay tuned right here, to our blog, for even more advocacy opportunities. We look forward to seeing you out there – and just in case, we’ll bring the Kleenex!

    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.

  • Five Dos and Don’ts of Social Security for Young Adults with Special Needs and Their Families

    Five Dos and Don’ts of Social Security for Young Adults with Special Needs and Their Families

    Young adults with special needs often become eligible for Social Security benefits at age 18 and most parents anticipate this birthday with some trepidation. Among the educational, social, and legal changes that accompany this transition to adulthood are new or different eligibility requirements for Social Security benefits and Medi-Cal programs.

    If you feel confused about those programs, you’re in great company. The U.S. Supreme Court declared the Social Security regulations “almost unintelligible to the uninitiated” and described the Medi-Cal statute as “an aggravated assault on the English language, resistant to attempts to understand it.”

    Fortunately, applying for Social Security doesn’t require you to dig so deeply into those regulations as the Supreme Court, and after reading the Dos and Don’ts that follow, you’ll no longer be among the uninitiated. 

    1 | DO Learn Which Type of Benefits Your Young Adult is Eligible to Receive 

    At age 18, a parent’s income is no longer deemed to the child, as the parent no longer has a legal obligation of support. Most young adults with disabilities then become eligible for Supplemental Security Income (“SSI”), which is currently up to $914 per month. This is accompanied by automatic Medi-Cal eligibility in most states, although in others, one must complete a separate application.

    If a young adult has a deceased, retired, or disabled parent, however, he or she may instead receive Disabled Adult Child (“DAC”) benefits, according to that parent’s earning history – 50% of a disabled or retired parent’s benefit or 75% of a deceased parent’s benefit. 

    2 | DON’T Panic About the Application Process and DON’T Worry About Applying Early.  

    The Social Security application requests basic information about your child’s disability diagnosis, income, and assets. You won’t likely need the help of an attorney at this stage. Parents may be asked about their own income, assets, and expenses, but don’t be alarmed! After age 18, your income and assets won’t affect your child’s eligibility.

    Parents often know that benefits begin at 18 and apply early to ensure benefits begin as soon as possible. This is a tempting but inefficient choice. 

    Instead, on the 18th birthday, request an appointment to apply for benefits using this link. As long as you submit the information requested and keep the required phone appointment (this is crucial!), benefits will be backdated to the day you submitted the original information – again, the 18th birthday.

    Instead of applying early, gather the needed information listed on this page to demonstrate why your child needs SSI. The process from application to approval will take 3-6 months, after which your child will receive a lump sum for benefits dating back to the date of your original request for an application appointment.

    3 | DO Plan to Charge Your Child for His or Her Fair Share of Living Expenses 

    SSI and Medi-Cal are “means-tested” benefits. Eligibility is granted only to those lacking the “means” to provide basic living expenses and medical care for themselves. Gifts of these basic living expenses – i.e., allowing your adult child to live with you without paying his or her “fair share” of living expenses – will result in a one-third reduction in SSI benefits.

    Your family’s total expenses for rent or mortgage, utilities, and groceries will be divided by the number of adults in the household to determine the disabled adult’s “fair share.” You, as the “representative payee” managing your adult child’s Social Security benefits, will need to transfer this amount monthly from your child’s account to pay these expenses.

    Assisting with rent expenses for independent living will need to be done in conjunction with an ABLE account and/or special needs trust (“SNT”) to avoid this reduction. We highly advise seeking legal advice in this situation, and we would be glad to assist in making sure you have the right financial accounts set up for your child. 

    4 | DON’T Be Surprised by Some Bumps in the Road 

    Sometimes you’ll receive scary letters in the mail or the tone of a Social Security agent while on the phone may seem to imply wrongdoing on your part. Don’t worry.

    It’s common for bumps in the road to occur with the report of income and assets submitted monthly to Social Security. Any savings must be done through an ABLE account and should be funded by gifts along with the individual’s earnings – never from SSI. Again, SSI is only for “basic living expenses” as defined above, along with small purchases such as clothing and personal items.   

    Even when handled appropriately through an ABLE account or SNT, properly answering questions as requested on government forms may trigger an inquiry. You can usually handle these matters yourself, but our office can assist you as needed to clear up any questions and direct agents to the regulations governing your activities and financial choices.

    5 | DO Ensure Your Estate Plan Is Updated to Maintain Your Child’s Benefit Eligibility

    Without proper planning, receiving an inheritance from well-meaning loved ones will disrupt or even disqualify an individual from receiving Social Security and Medicaid benefits. Because of this, it’s essential to have the right planning tools set up for your adult child with special needs well in advance. 

    But failing to create a comprehensive estate plan won’t just affect the future of your child with special needs. Without proper planning, any other children or relatives you wish to benefit at your death could find themselves with no inheritance at all, even after your child with special needs passes away.

    Thankfully, a key focus of our practice is on preserving family assets while maximizing and maintaining eligibility for these benefits. With our help, you can ensure that your child continually receives the benefits they need without being wholly dependent on them or exhausting all of your family’s assets. 

    Still Worried about Your Child’s Benefits or Future? – We Can Help

    If you have lingering questions, contact our office to set up a special needs planning session today. We can help you build a comprehensive special needs plan that will work within your budget and overtime – at the pace you choose – so that you, your child, and future caregivers can avoid feeling overwhelmed at any stage of your child’s journey. 

    With a well-crafted special needs plan, your child and his or her caregivers will receive guidance and support throughout your child’s life, and any remaining assets will be distributed to the beneficiaries of your choice. 

    We will be honored to help you prepare to face the future together.

    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.

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