Living Trust Planning | Estate Planning Attorney

Tag: special needs

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

    Can You Rely on Legal Insurance for Your Special Needs 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 perform the legal work.

    While group legal insurance might seem like an easy option to save on your family’s legal needs, it’s likely inadequate for addressing the specific and often complex legal planning needed to protect your loved one with special needs.

    Here are the reasons why special needs planning demands a highly tailored approach and expertise beyond the scope of your group legal insurance coverage. I’ll explore the potential pitfalls of using group legal insurance for special needs planning and share suitable alternatives to ensure your loved one with special needs is protected and cared for over their entire lives.

    One Size Doesn’t Fit All

    When it comes to special needs planning, there is no such thing as a one-size-fits-all solution. Each person with special needs has unique care requirements, abilities, and aspirations. The financial, medical, and emotional needs of your loved one must be taken into account to craft a comprehensive plan that will serve their needs and foster a meaningful life for them after you’re gone. 

    Your group legal insurance plan may offer general legal services and even estate planning services, but a general set of estate planning documents isn’t enough for an individual with special needs.

    To create a plan that’s right for your loved one, it must:

    01 | Be customized for their abilities, as well as their financial and medical needs, 

    02 | Properly incentivize the care you want them to receive throughout their life, after you’re gone, and

    03 | Follow state and federal laws in order to keep your loved one eligible for public benefits like Social Security and Medi-Cal.

    The type of cookie-cutter estate plan you’re likely to receive through your group legal insurance plan simply won’t include the kind of customizations necessary to deliver a plan that will serve your loved one in the way you would want while preserving their public benefits.

    Understanding the Laws and Regulations

    Navigating the legal landscape of special needs planning for the one you love can be like walking through a maze. The laws and regulations that govern special needs planning are complex and change frequently, and involve an understanding of federal and state law.

    There are countless legal tools available to support your loved one’s future, from government benefits like Social Security and Medi-Cal to special needs trusts and in-home support services. It can be difficult to know which programs your loved one qualifies for, which program will achieve your desired outcome, and how to apply for each program without proper training.

    To navigate these complexities and create a truly effective special needs plan for your loved one, your attorney not only needs to be an expert in this area of law, but they also need to ask the right questions to understand your personal needs, goals, and family dynamics in order to recommend the tools most appropriate for your situation.

    Unfortunately, the in-network attorneys contracted under group legal insurance plans rarely have the training or expertise necessary to handle special needs planning cases. Even if the legal insurance plan lawyer does have the training, the legal insurance plan fees wouldn’t cover the custom planning needed to care for your loved one.

    You Need a Holistic Planning Approach

    Caring for a loved one with special needs extends beyond legal matters. It involves addressing emotional, financial, and medical aspects with equal importance. I take a holistic approach to serving you by working closely with you and your family to understand your family’s values, dreams, and aspirations you have for your loved one and your family as a whole. This allows me to create a truly personalized plan that takes into account every aspect of your family’s well-being.

    What’s more, the needs of your loved one with a disability and your own financial and medical needs will change over time. That’s why it’s crucial to coordinate your estate plan and their benefit eligibility so that both you and your loved one will be cared for if you die or become incapacitated during your loved one’s life.

    To do this, I look at how your needs and the needs of your loved one intersect and can provide you with personalized guidance at any stage in life’s journey, such as when it’s time to appoint someone else to assist you in caring for your loved one and making plans to increase your loved one’s independence while keeping their eligibility for public assistance.

    Special needs planning requires a continuum of proactive and interconnected planning to ensure your loved one and your entire family always have the best care while preserving your family’s wealth, legacy, and lifestyle as much as possible.

    Legal Insurance Plans Lack Long-Term Considerations

    Special needs planning is a journey that spans a lifetime. As your loved one grows and their needs evolve, your planning 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’s no guarantee that the attorney you worked with this year will be available to help with changes in your loved one’s care several years from now. 

    Your child with special needs will grow into an adult. 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.

    Your loved one with special needs may inherit assets from a well-meaning relative. This is a wonderful gift, but an increase in your loved one’s assets may cause a lapse or loss of government benefits unless quick action is taken by your special needs planning attorney. We will help you look at all of these considerations as part of our planning with you.

    Without a personal attorney-client relationship, the window to achieve time-sensitive changes to your plan may close before you even get started with a new in-network attorney. 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.

    Trusted Expertise in Special Needs Planning

    Special needs planning is essential to secure a comfortable and enriching future for your loved one with special needs. Creating a special needs plan can be incredibly stressful for caregivers, and requires in-depth knowledge and expertise in both the law and state and federal disability programs.

    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 provide special needs plans that will work for your family for the long term.

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

    Your family’s special needs journey deserves personalized attention, compassionate understanding, and unwavering dedication. That’s why I have dedicated my practice to mastering the intricacies of special needs planning, allowing me to guide you skillfully through the process. 

    If you want to make sure your loved one with special needs is always cared for no matter what the future holds, schedule a phone call with me. Together we can create a comprehensive special needs plan that honors your family’s unique story and ensures your loved one’s life is filled with love, support, and abundance.

    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.

  • 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.

  • 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.

  • Transition to Adulthood: What Happens When My Child with Special Needs Turns 18?

    Transition to Adulthood: What Happens When My Child with Special Needs Turns 18?

    Soon after the challenges of puberty and the creation of a new high school Individualized Education Program, an even larger milestone looms: the 18th birthday.  If you’ve begun wondering what happens when your teen with special needs becomes an adult, read on to find out what to expect.

    The best news is that you’ll continue to employ the same skills you’ve been using for years – just in a slightly different context.

    Let’s jump right into the details of how you can apply your lifetime of caregiving skills in the transition to adulthood. 

    1 | Learn About Post-High School Education Options

    Hints of what lies ahead are probably already cropping up all around you – perhaps in IEP meetings. The first step in the transition to adulthood is to simply listen for an explanation of the ongoing educational opportunities your child is entitled to pursue after they turn 18. 

    Individuals with disabilities can continue attending high school until age 22, but universities and other providers like vocational rehabilitation (“voc rehab”) offer a growing number of college programs geared for young adults with special needs. Some are day programs only, while others are residential – more like the traditional college experience. Either way, your child can receive additional support and programs tailored to meet his or her needs. 

    Your child’s high school may also offer driver’s training, but if not, specialized programs offered by private providers permit your teen to practice driving skills in a safe environment. Medi-Cal waiver or grant programs may fund this life-enhancing education.

    2 | Explore Careers and Supports 

    Vocational rehabilitation (“voc rehab”) usually enters the IEP conversation by high school, if not earlier. It starts as a class your child attends to explore potential jobs and learn skills necessary for every employee. 

    After a few weeks of classroom instruction, the class begins visiting potential employers who appreciate the reliability and work ethic that individuals with disabilities bring to the workplace. Short rotations through various jobs help each teen identify the types of employment that do – and do NOT – work for them.

    At age 18, your young adult with a disability becomes a household of one for Social Security and Medi-Cal purposes. Most then receive Supplemental Security Income (SSI) of up to $941 per month – and our firm can help you learn how to effectively maximize this benefit.

    Individuals receiving SSI usually qualify for Medi-Cal as well. In addition to providing health insurance, this opens up more opportunities for job discovery and coaching, community integration, transportation, day services, and even respite and residential care. All of these support services can contribute to your family’s well-being, but successful employment through job coaching brings immense pride and a critical sense of belonging in the wider community for many adults with special needs. 

    And as always, listen to your child and observe. What activities bring your child exceptional joy? A teen who loves movies may thrive as a theater usher. A young artist may create and market their wares online and at craft and resource fairs. The best career for anyone may be tied to a beloved hobby, and Medi-Cal waiver and grant programs play a vital role.

    3 | Find the Best Supported Decision-Making Process for Your Child

    At least one critical decision awaits parents of teens with special needs, and that is whether to pursue supported decision-making or a conservatorship or guardianship for their child. The answer for most may be both!

    In a conservatorship or guardianship, certain rights and responsibilities that come with adulthood are removed from a vulnerable individual and transferred to another person, often one or both parents. Courts don’t take removal of rights lightly, nor do most parents. A medical report from a psychologist or physician documenting its necessity will be needed. However, for many individuals with intellectual disabilities, this protection is a critical step in mitigating their vulnerability.

    For individuals who have the capacity to sign legal documents, a supported decision-making process can suffice. First, your young adult will name agents under powers of attorney to assist as needed in managing financial and medical affairs. Next, our firm can help you and your teen identify the specific process and types of support most helpful in guiding their decisions. 

    With or without a conservatorship or guardianship, supported decision-making processes can and should be utilized to help individuals exercise their autonomy to the greatest extent possible – within necessary safeguards.

    4 | Keep Advocating for Your Child – and All Individuals with Special Needs

    Your days as an advocate for your child in IEP meetings and in your community have prepared you to address challenges that can arise while supporting an adult with special needs. Your child may be waitlisted for a critical Medi-Cal waiver program, or your local government may need encouragement to participate in federal grants that could enhance your child’s life. Whatever situation may arise, your experienced voice can make a difference in your child’s life and the lives of so many others.

    We suggest making contact with at least one state or national disability coalition such as the ARC of the United States, and with one nonprofit organization that focuses on your child’s specific needs. Watch for advocacy opportunities in our newsletter as well, and if your schedule permits, try to join an annual disability lobbying effort.

    Most legislators listen closely as families impacted by special needs share their experiences, and sometimes you get to share the celebration of a win. But the most meaningful result of these efforts can be the friendships that emerge among families who share common struggles. 

    Supporting Your Next Steps in the Transition to Adulthood 

    We hope this article leaves you reassured in your skill set for facing the challenges and opportunities ahead, and no matter what, our firm is here to help. We can connect you with resources to help in this exploration process – from available programs to the legal tools needed to foster your young adult’s independence.

    We invite you to reach out to our firm at any time, but if you have a teen with special needs who is approaching adulthood, reach out right away. We can help you preserve family resources, balance your child’s protection and autonomy, and help them find career and lifestyle support. 

    Schedule a complimentary call today to get started. 

    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 Asking for Help Holds The Key to a Strong Caregiver Team

    How Asking for Help Holds The Key to a Strong Caregiver Team

    Chances are you’ve been caring for your child with special needs for so long, that it can be hard to seek help because 1) you don’t have time to find and train someone, and 2) you feel that no one else is going to care for your child as much or as well as you do. Yet asking for help not only gives you much-needed support, but it also ensures your child will have time to get accustomed to being cared for by others if and when you’re no longer around to personally provide that care.

    As important as those reasons are, they’re still not the most important reason to ask for help. The most important reason to ask for help is to begin training your child’s future primary caregiver. 

    As the primary caregiver for your child with special needs, you’ve likely been through some trials, and with them, you’ve identified your child’s support needs and connected with resources to help you find that support.  

    But what you may not have thought of is making sure that your successor caregivers and child with special needs are also connected to your support network and ready for the eventual transition in caregivers when you can no longer act as the primary caregiver of your child.

    Who Steps In When You Can’t Be There?

    Imagine that you’re suddenly no longer able to care for your child with special needs due to your own disability or death. You probably have a successor primary caregiver in mind – perhaps your child’s sibling, aunt, uncle, cousin, or close family friend. You may have even named a backup conservator or guardian, or your loved one with special needs may have named a successor caregiver in a power of attorney. 

    Now, imagine that you haven’t practiced asking for help during your healthy years. After all, once you develop a routine of providing support to a person with special needs, it can take more effort to train someone else to assist you. 

    But unfortunately, this makes it easy to fall into the admirable, but ultimately harmful, habit of self-reliance. It feels good in the short term to be the only person who knows how to care for your loved one just right, but this doesn’t serve them well long-term. Most individuals with special needs struggle with change, so the more gradual a transition in caregiving can be, the smoother the process will be for everyone.

    Holding the bulk of the responsibility for your loved one’s care can also cause burnout and increase the likelihood your successor will be overwhelmed with tasks that have become routine for you. Plus, since this successor is likely someone close to you, chances are that they will either be in the grieving process after your death or, if you’ve developed a disability yourself, in a dual caregiver role of caring for both you and your loved one with special needs. 

    At best, the successor caregiver can be under immense stress that negatively impacts family relationships and careers. At worst, your loved one with special needs could unnecessarily end up in institutional or agency care when they would be better served at home.

    Experience for Your Care Team, Respite for You

    Asking for help caring for your loved one with special needs doesn’t just provide a much-needed break for you. It also provides your successor caregivers with experience in the greater caregiving roles they’ll play in the future. 

    If you’ve set a clear example of asking for the help you need, at least one person will gain some experience dealing with Social Security and Medi-Cal agencies, and someone will have assisted with insurance companies and healthcare providers. By having a successor caregiver at least observe your caregiving activities once or twice a year, they will know exactly where the necessary contact information and legal documents are located to enable this critical work. 

    Beyond these essential basics, getting your support team acquainted with your loved one’s routine early on will provide your loved one with a greater quality of life even in your absence. During this time, they will benefit from continuity in their daily activities while becoming more familiar with their other caregivers. 

    In addition, by routinely gathering input from your support team in your decision-making processes, you will model a process for future caregivers on how to receive input and make decisions for your loved one – or support your loved one with special needs in making those decisions for themselves.

    Supporting You and Your Network at Every Stage

    As you model asking for bits of help now from the people you trust, you’re setting the example of self-care for future caregivers and giving them experience caring for your loved one now. By doing this, you’ll also find the weak spots in your support team where more training or familiarity with your loved one’s care routine may be needed. This translates directly into better health and quality of life for your loved one with special needs.

    We can help you identify the support roles that you and your loved one need, and the best persons or agencies to fill each role. We’ll also ensure you have at least one backup person for each role and can help you design a plan for how these support roles work together for your loved one’s benefit. We’ll guide you from the beginning to implement a plan now, train your support team for the future, and give you some well-deserved breaks in the meantime.

    Contact our office to learn more about how we can guide you in asking for help and setting a positive example for your support team. We look forward to putting our experience – and the experience of our mentors and other clients – to work for your family, especially your loved ones with special needs and their caregivers, both now and in the future.  

    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.

  • 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.

  • Estate Planning For a Child With Special Needs: Three Tools You Need to Know

    Estate Planning For a Child With Special Needs: Three Tools You Need to Know

    As a parent of a child with special needs, you’re well aware of the unique challenges that come with caring for your child’s care. You’re an expert on their preferences, routines, skills, and challenges. However, when it comes to securing their future, legal planning can seem overwhelming. You may wonder what tools are the right ones to ensure your child’s unique needs are always met.

    The good news is that there are a number of estate planning tools available to help you protect your child’s interests and provide for their needs, both now and in the future. Even better, these tools can be customized to suit the level of care your child requires, regardless of their level of independence or functioning. Here are three essential tools that every parent of a child with special needs should consider.

    01 | Ensuring A Lifetime Of Care Through Guardianship

    Without proper legal planning, you lose the ability to make decisions for your child when he or she turns 18. Guardianship is a legal relationship ordered by a court that gives someone the authority to make decisions for their adult child if they aren’t able to do so for themselves. With court guardianship, you can name yourself or someone you trust to have the authority to make decisions about your child’s medical care, education, living arrangements, and more. 

    Guardianship is a crucial tool for parents of a child with special needs and is absolutely necessary if your child has challenges that prevent them from making decisions or taking care of themselves independently. Guardianship is an important step in ensuring that your child’s needs are always met.

    Why You Shouldn’t Wait Until Your Child is Near Adulthood

    Even if your child isn’t near the age of adulthood, it’s important to nominate a legal guardian now in the event that you pass away or become incapacitated before your child turns 18. Without your nomination, your child may be left without the care of someone you trust, and the decision of who will care for your child will be up to a court that doesn’t know your child or their unique needs. Thankfully, we’re experienced in nominating guardians for minors and adults, and can walk you through the process of nominating a guardian now, and how to finalize that nomination when your child nears adulthood. We can also help you name short-term legal guardians who can care for your child on a short-term basis if you’re traveling or in the event of an emergency.

    02 | Be There For Your Child with Powers of Attorney

    While not appropriate for all people with special needs, powers of attorney are another important legal tool for parents. Whether your adult child is neurotypical or has special needs, it’s important that you retain some ability to make decisions for them in case they ask for your help or aren’t able to make decisions on their own.

    If your child is high-functioning and able to live independently, powers of attorney may be an appropriate tool to support their care. Through powers of attorney, your adult child can grant you the ability to make financial or medical decisions for them, such as scheduling doctors’ appointments, paying bills, or signing a rental agreement. Your child can also choose whether these powers make it possible for you to act on their behalf at any time or only in the event of their incapacity. Plus, powers of attorney can be customized to meet your child’s specific needs and wishes, ensuring that their care and well-being are always a top priority while still respecting their autonomy and independence.

    03 | Protect Your Child’s Financial Future with a Special Needs Trust 

    Finally, every parent of a child with special needs should consider creating a special needs trust to protect their child’s financial security. This type of trust is designed to provide extra financial support for your child while ensuring that they remain eligible for much-needed government benefits such as Medicaid and Supplemental Security Income (SSI). In fact, giving money directly to a child with special needs can actually cause them to lose their government benefits unless that money is provided to them through a special needs trust.

    A special needs trust can be used to pay for a wide range of needs, including living expenses, household items, health care, and more. And, even better, a special needs trust can be drafted so that you incentivize the people you’ve named as guardians to care for your child the way you are currently caring for them. For example, you may include instructions to financially reward caregivers who take your child to dinner or the movies, so caregivers are properly motivated to provide the kind of care you would naturally, but others may not after you’re gone. Knowing you’ve provided financial incentives for your child to have companionship and care is something many of our clients deeply appreciate.

    Ensuring Your Child Is Eligible For Government Aid

    In order for your child to remain eligible for government aid while receiving funds from a special needs trust, the trust must follow a set of regulations and reporting requirements that vary by state and can be difficult to understand. That’s why it’s crucial to work with us to develop a special needs trust that meets these requirements while being perfectly suited to your child’s unique needs. 

    Your Trusted Advisor When Planning for a Child with Special Needs

    We understand that every child with special needs is different, and that’s why we offer a personalized approach and a comprehensive range of estate planning services, including special needs trusts and legal guardianship nominations, to create a plan that’s unique to your child. If you aren’t sure where to start or what your child may need now and in the future, contact us today at (650) 600-1735. We’ll walk you through your unique situation and develop a plan that ensures your child with special needs has the physical, financial, and emotional support they need now and for years 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.

  • 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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