Chicago Disabled Adult Planning Attorneys
Individuals over the age of 18 are legally able to make important decisions for themselves about finances, health, and housing options. It is assumed these adults are competent and capable of making these decisions. However, in the instances of some special needs adults, this may not be the case. Many special needs adults require guidance from parents or other individuals, or require financial support.
There are several options available if you have a special needs adult in your family who requires assistance or protection. Our Chicago special needs planning attorneys at Peck Ritchey, LLC, can help you develop an appropriate legal plan for your disabled family member’s future.
Special Needs Plans for Adults
Some individuals need special plans in order to ensure that they are taken care of in their day-to-day lives. A special needs plan for an adult might include:
- Legal Guardianship—Becoming your family member’s legal guardian may be an option if your family member is medically unable to make decisions for him or herself. Legally, if your family member is over 18, you cannot make decisions for him or her without being appointed a legal guardian. This includes decisions involving medical treatment, public benefits, or finances. Seeking legal assistance to begin the legal guardianship process for a special needs adult should begin before the individual’s eighteenth birthday. The guardian is usually a parent, adult sibling, or other family member. If there are no family members who can serve as a guardian, the court may appoint a guardian.
- Special Needs Trusts—Not all special needs people are unable to make competent decisions on their own. If legal guardianship is not an appropriate measure, other options are available to support your family. One such option is a Special Needs Trust. This type of trust provides a special needs individual with additional funds not covered by public benefits, without affecting one’s eligibility for public benefits. The trustee can distribute funds to the beneficiary without impacting the beneficiary’s ability to collect Social Security, Medicaid, or Supplemental Security Income.
Planning for a special needs adult comes with challenges. Consulting with a special needs planning attorney as your prepare for your family member to become an adult can make a big difference in his or her life.
Consult with a Chicago Special Needs Planning Attorney
At Peck Ritchey, LLC, we make use of asset planning, trusts, and other legal options to protect your family and ensure your special needs family member has the fullest life possible. To speak with a Chicago special needs planning attorney, call our office at (855) 328-5787 today.