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Tag: special needs planning

  • 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.

  • Special Needs Planning in Five Steps – Part 2

    Special Needs Planning in Five Steps – Part 2

    Special needs planning can seem like a daunting task. Sometimes fear can rise up and cause a freeze response as parents contemplate what may seem like an uncertain future for a vulnerable child. If you sense this could be the case for you, we encourage you to always remember that neither you, your loved one with special needs, nor future caregivers need to face this future alone.

    Our firm can guide you in each step along your path to achieving peace through special needs planning, and to help our clients avoid feeling overwhelmed, we break our planning process into five steps. 

    We previously looked at the first two of those steps: 

    1. Learn How Special Needs Planning Can Benefit Your Family
    2. Identify the Best Level of Support for Your Child

    Now, let’s get started with step 3:

    3 | Develop Future Budget Estimates for Your Loved One with Special Needs

    A focal point of special needs planning is providing assets to meet the financial needs of your loved one after your death – usually through a combination of government benefits, life insurance, family savings, and investments including retirement planning. Clients can begin to estimate expenses by completing our circle of support and fiduciary manual, noting the monthly, quarterly, and annual costs associated with the support categories listed in each section.

    Our firm can also provide information regarding current public benefit programs that help meet some of these needs so that clients can budget for other needs and quality-of-life measures beyond the scope of those programs. Working with a financial advisor during this process is strongly encouraged, and some families choose to work with a chartered special needs consultant or other financial advisor focusing on serving the special needs community.

    We’d be happy to work alongside your financial advisor to ensure that your special needs planning and overall financial planning coordinate in the best way possible for your entire family’s care and support. 

    4 | Align Your Financial and Legal Affairs for the Support of Your Child with Special Needs

    This step forms the core of special needs planning. 

    Inheritances and sizable lifetime gifts should be directed into a third-party special needs trust (SNT). Gifts under $17,000 annually may be placed into an ABLE account for those who qualify. Parents or other relatives must establish these SNTs during their lifetime or through their wills or living trust.

    Inherited assets not directed into an SNT will disqualify the individual with disabilities from SSI, Medi-Cal, and other means-tested benefits until funds are either “spent down” or placed into a first-party SNT after the person with disabilities inherits the funds. 

    However, a first-party SNT (established with funds that have already passed to the person with disabilities) is subject to Medi-Cal payback upon the death of the disabled beneficiary. This means that every dollar Medi-Cal has spent on an individual with a disability must be paid back from the first-party SNT after that individual’s death – before any assets are passed on to other family members.  

    By contrast, assets directed into a third-party SNT can be used to supplement the quality of life of the disabled individual and any remaining funds can be passed on to other family members upon the beneficiary’s death – with no Medi-Cal payback or estate recovery. This can be especially meaningful for sibling caregivers whose careers were impacted by caregiving responsibilities and whose parents felt it necessary to leave all or most of their estate to care for a child with special needs.

    5 | Establish a Decision-Making Process and Implement a Lifelong Support System

    After designing a special needs plan, we generally find it best to begin to implement the plan gradually, while our parent clients are still healthy.  

    For example, a special needs trust may require the development of an annual distribution plan by the trustee with input from various circle of support team members. Clients may want to model this process at least every few years to identify any potential issues with implementing their plan. These issues could involve anything from a team member who dominates the discussion to one who just never manages to show up.

    Likewise, if the plan is for your child to live with a family member and future conservator one day, we would suggest starting routine overnight visits to that person’s home. This provides needed respite for parents, helps identify any allergies or other environmental concerns, and helps the child come to feel “at home” with the extended family. 

    If the plan is for aunts, uncles, and cousins to rotate taking your adult child on an outing each month in the future, starting that practice at least 3-6 times per year now can help these events become reliable routines for your child and strengthen these crucial relationships for your child’s future. 

    Moving from Great Start to Next Steps

    At times, seeking proper diagnosis, therapy, and educational support must take priority over planning. You may need to secure the present before you can secure the future. But it’s crucial to be aware that the financial results of delaying special needs planning can be consequential for your entire family.

    When you’re ready to check special needs planning step 1 off your to-do list, give us a call. We’d be honored to walk alongside you on your special needs planning journey and connect you with financial planners and other professionals who focus on serving families impacted by special needs.  

    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.

  • 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.

  • Does Your Child With Special Needs and Their Caregivers Have a Circle of Support?

    Does Your Child With Special Needs and Their Caregivers Have a Circle of Support?

    Every parent and every child needs a support network to help them achieve their goals and live their best lives, but for parents of children with special needs – no matter their age – the worries of who will take care of your child now and in the future take on heightened significance. Your child may need support for the rest of their life, even after you have become incapacitated or have died.

    As parents of a child with special needs, you also require your own level of support for your personal, physical, and emotional needs, as well as resources to help you make financial or educational decisions for yourself and your child. 

    To ensure your child with special needs is always cared for without interruption or delay, and to make sure you and future caregivers have the support you need to take care of yourself and your child, it’s important to establish a group of family members, friends, and professionals that I call your circle of support.

    Creating Your Circle of Support and Fiduciary Manual

    Whatever your child’s special needs may be, carefully creating and preparing a circle of support is an important component of holistic special needs planning. I can assist you with this process through our circle of support and fiduciary manual, and provide you with methods for selecting your future caregivers and fiduciaries–the people you’ve entrusted with using your assets to support your child in the event of your incapacity or death–and beginning to educate them on their role in your child’s life. 

    Your fiduciaries include your attorney-in-fact under a power of attorney, the trustee of your revocable living trust, and the trustee of your child’s special needs trust. Each of these legal instruments provides guidance to the fiduciary, but many important details of your child’s needs will change over time. 

    The manual is the place to record these details – and update them annually as needed. Details that you should record in your fiduciary manual include the names and contact information of your child’s doctors, tax preparer, counselor, and healthcare providers, to name a few.

    Of course, some adult children with special needs can handle many of these matters themselves, so some sections of your manual will provide guidance on trustworthy financial and tax advisors or an annual reminder of emergency and disaster procedures. 

    Sections on your hopes for their future education and employment will be meaningful to your child in certain seasons of life, and the steps you share of your own decision-making processes may remind them at a critical moment of the values you strived to uphold during your lifetime that you hope they will embody in theirs.

    Upon its completion, you’ll have a plan in place for everything from who handles disability redeterminations and driver’s license renewals to who changes the air filters in your child’s home, how often, and what type of filter to use. 

    The manual also serves as a guide for your fiduciaries on how you would like them to manage your assets and your child’s care at different stages of their life.

    Putting Your Circle of Support Into Action

    Your fiduciaries themselves may need support and input from a variety of sources as your child grows, and this is where the circle of support steps in. At least annually, it’s a good idea for trusted family members, friends, and professionals to come together and assess how well-supported the individual with special needs has been during the preceding year, what adjustments should be made, and what improvements could be gained in the coming year to help the individual thrive.

    I often suggest that parents start holding informal circle of support meetings every 1-3 years while they’re still alive and healthy. As parents, you can develop blind spots to your child’s needs, and meeting with your circle of support can bring these gaps to light. Far more likely, your own needs can easily be forgotten while caring for a child with special needs, and making sure you’re getting the care and support you need is equally important to your child’s ability to thrive.

    Who is caring for the caregiver (you!) right now, and who will look after the well-being of future caregivers and fiduciaries as they support your child? I can help you answer these questions and more so you can rest assured there’s a plan in place for your child’s care at every stage of their life.

    Completing Your Circle of Support With Your Lawyer for Life

    Being the parent and caregiver of a child with special needs is a rewarding experience that works best when you and your child have a network of support and a documented plan and team. 

    Whether your family elects supported decision-making or your child requires a conservatorship – and whether you’ve named family members or professional fiduciaries – I’m committed to helping you record your wishes and your fiduciaries’ information, store it securely in a location known by future fiduciaries, and pass it along the moment it’s needed.

    Any bit of data and wisdom that you have gleaned over your lifetime that you include in your fiduciary manual could be a crucial component that serves to craft your child’s future and helps them thrive. To learn how to receive a fillable .pdf or Word version of the manual to get started, or if you haven’t yet taken that first step to begin your family’s special needs planning journey, reach out to me at (650) 600-1735. 

    My goal is to ensure your child experiences continuous, consistent support throughout their lifetime in order to live their best life and I would be glad to share more about how we can work together to achieve that goal for your child and your family. Call me today at (650) 600-1735 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 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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