Effectively Planning for Special Needs Family Members
If there is a special needs person in your family, as Brenda's family does, you are probably already aware that your planning is more complex than most. You need properly drafted wills and trusts, and long-term planning for both the special needs child and for his or her family members.
At The Law Offices of Brenda McElnea, whose main office is located in West Orange, we have the experience to work with those intimately involved with the special needs person to take the necessary steps to protect him or her. We represent clients throughout Essex and Monmouth Counties, and northern and central New Jersey, in special needs planning.
Creating Special Needs Trusts
When our attorneys work with families of special needs children, we can show them how to protect the child now and in the future, when the parent is no longer here.
We work with parents to identify and maximize the government benefits an individual can obtain, including Social Security Disability, Supplemental Security Income and Medicaid or Medicare. We also help clients protect the private funds and government benefits they receive, often through special needs trusts. The private funds may be those from personal injury awards that belong to the special needs person or the funds of another, such as the parent or grandparent.
In all events, a guardianship action is most likely needed once a special needs child reaches age 18 so that someone has the legal authority to make medical and financial decisions for the child. Many do not know that a parent loses the legal right to make decisions for a child once he/she reaches 18 years of age. If you are involved in special needs planning, it is important to note that there is a difference in planning for people who were disabled before their 22nd birthday compared to those who became disabled after their 22nd birthday.
Our lawyers have experience helping clients create special needs trusts and making plans to protect the long-term financial needs of their special needs loved ones. Attorney Brenda McElnea is part of the Special Needs Alliance and has over 30 years of experience offering clients the legal counsel they need. To discuss your situation with a dedicated attorney, contact us online or call 866-241-8477.
