Special Needs Planning
Peck Ritchey, LLC assists families to plan for disabled children, or other family members who are, or are likely to become, disabled and require special protection. Through the use of special needs trusts, asset planning and coordination of private and public resources, our legal team helps families to maximize resources and enhance quality of life for loved ones, including:
Special needs trusts protect a disabled person’s eligibility for current or future public benefits while simultaneously allowing the disabled person access to additional funds to pay for expenses not covered by public benefits. Having an experienced estate planning attorney map out a plan for your family member with special needs is critical for their health and well-being.
As a parent of a child with special needs, you are involved in your child’s medical, educational, and personal issues on a daily basis. When a child with special needs reaches the age of 18, they are presumed to be competent to make decisions. While your special needs child still requires your continued guidance, parenting and assistance, until you are legally appointed your child’s guardian, a parent’s ability to make decisions regarding medical treatment, money management and government benefits (i.e. social security) is uncertain.
Guardianship is the legal relationship between a parent and a person over the age of 18 who is unable to make medical and/or financial decisions for him or herself. It is important to consult with your doctor and legal counsel to determine if your child’s disability renders him or her incapable of making these decisions.