As a Fairfax Virginia Special Needs Planning attorney, and a mother myself, I can honestly say that that legal planning is critical for all parents of minor children.
It provides the opportunity to determine who will raise your kids if you can’t, what money will be set aside or used for their upbringing, and even what money will be used to support them as adults.
Yet each of these choices can become even more difficult when the child has a disability , especially if he or she is receiving some type of government assistance. This is where working with an experienced Special Needs Planning attorney comes into play.
A Special Needs Planning attorney is familiar with the most common choices faced by parents of children with disabilities and can offer advice and suggestions as to the best plan for your child’s care.
A Special Needs Planning attorney also understands the ramifications of receiving an inheritance when it comes to eligibility for public benefits.
It’s important for parents to keep in mind that just leaving their child money outright if something happens to them can jeopardize the child’s chance of receiving Supplemental Security Income (SSI) or Medicaid benefits in the future.
That’s why we recommend using a Special Needs Trust which when drafted properly will allow for the continuation of public benefits.
However, special needs planning also covers more than just maintaining eligibility for government support. It also protects the individual with a disability from lawsuits and other debts, as the trust cannot be seized in order to pay these. This protects the trust and the individual who relies upon it for his or her needs.
And of course special needs planning also helps to ensure that your special needs child will be raised by the people you want, in a way you want, if something happens to you.
So if you are ready to get started in creating a plan that makes sure your child with a disability stays protected if the unthinkable happens, I invite you to contact our Fairfax Virginia Special Needs Planning attorney Sheri R. Abrams at (571)328-5795 to schedule a consultation.