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Special Needs Planning
For families with a special needs child, proper legal and financial planning can provide peace of mind and ensure lifelong care. Let our experienced attorneys guide you through this complex process.
Comprehensive Special Needs Planning Services
At Rochester Elder Law (formerly Dutcher & Zatkowsky), we understand the unique challenges faced by parents of children with special needs, particularly as those children transition into adulthood.
Our experienced attorneys provide a general overview of legal strategies to help you:
- Receive financial assistance for your special needs child's current care
- Plan for your child's future when you're no longer the primary caregiver
- Navigate the challenges of your child's transition to adulthood
- Ensure proper care and support for your special needs child after you're gone
Planning for Adulthood:
Key Considerations
When a special needs child reaches adulthood, families face new challenges, including:
- Financial independence and support
- Legal and health care decision making
- Education and vocational training
- Health insurance coverage
- Housing options
Our attorneys at Rochester Elder Law can help you plan for these changes, ensuring your special needs child will be well-cared for throughout their life.
Supplemental Needs Trusts: Preserving Government Benefits
Supplemental needs trusts are a crucial tool in special needs planning. These trusts allow a disabled beneficiary to receive gifts, lawsuit settlements, or other funds while remaining eligible for certain government programs.
Key features include:
- Designed to pay for comforts and luxuries beyond basic necessities
- Can be created by parents, family members, or the disabled individual
- May be set up in a will to leave assets to a disabled relative
- Different rules apply to "self-settled" and "third-party" trusts
Our experienced attorneys can guide you through the complexities of setting up and managing a supplemental needs trust.
Pooled Trusts:
A Community-Based Option
Pooled Community Trusts offer another option for special needs planning:
- Supplemental Needs Trusts offered through not-for-profit agencies
- Allow qualification for government health benefits while retaining certain assets
- Assets are used for the benefit of the disabled individual
Rochester Elder Law attorney, Miles Zatkowsky, is a founding Trustee of the Future Care Pooled Community Supplemental Needs Trust, demonstrating our firm's commitment and expertise in this area.
Special Needs Planning FAQs
What is special needs planning?
Special needs planning involves creating legal and financial strategies to ensure the long-term care and support of individuals with disabilities, while preserving their eligibility for government benefits.
When should I start special needs planning for my child?
It's best to start planning as early as possible, ideally when your child is young. However, it's never too late to begin the process, especially as your child approaches adulthood.
What is a Supplemental Needs Trust?
This is a unique trust which allows a disabled person to be a beneficiary of a trust yet still qualify for government benefits based upon income or assets.
Rochester Elder Law has the experience with Supplemental Needs Trusts and government benefits and can draft the necessary documents and provide you with the information needed to provide lifetime assistance to your loved one.
How can a supplemental needs trust benefit my child?
A supplemental needs trust can provide funds for your child's comfort and quality of life without jeopardizing their eligibility for government benefits like Medicaid and Supplemental Security Income (SSI).
What is a Pooled Trust?
A supplemental needs trust cannot be created for someone over the age of 65, unless it is a Pooled Supplemental Needs Trust or created in a Will or Trust of a third-party (spouse, parent, relative). A pooled trust is a trust through a charity where the assets of each disabled person is pooled into one main account. Through a sub-trust for each beneficiary, the trust accounts separately to each beneficiary. This tool allows the beneficiary to qualify for government benefits such as Medicaid while also enjoying the benefits of the assets or income in the pooled trust.
Attorney Miles Zatkowsky is a trustee of the Future Care Planning Pooled Supplemental Needs Trust.
What's the difference between a supplemental needs trust and a pooled trust?
While both serve similar purposes, a supplemental needs trust is typically managed individually, while a pooled trust combines the resources of many beneficiaries and is managed by a nonprofit organization.
How can Rochester Elder Law help with special needs planning?
Our experienced attorneys can guide you through the entire special needs planning process, from setting up trusts to navigating government benefits, ensuring your child's long-term care and financial security.
Have More Questions About Special Needs Planning?
Our experienced attorneys are here to provide personalized guidance for your unique situation.
Read More About Special Needs Planning
Secure Your Special Needs Child's Future
Our experienced attorneys are here to help you create a comprehensive special needs plan tailored to your family's unique situation.
Or call us at (585) 256-0090 ext. 103
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1399 Monroe Avenue,
Rochester, NY 14618
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