Why a Special Needs Planning Lawyer Should Be a Part of Your Child’s Special Needs Team

Through all of your child’s life, there’s been a team of adults involved in his or her care. Besides parents and relatives, doctors, teachers, social workers, therapists, and psychologists could all be part of the team helping your child have the best future possible. However, the team isn’t complete without a Special Needs Planning lawyer. If all the other bases are covered – necessities, education, therapy, medicine, socialization, and community integration – without legal advocacy, then all the bases aren’t covered. Here’s why your child’s team should have a Special Needs Planning lawyer:

A Special Needs Planning lawyer knows both Disability law and Estate Planning law. Special Needs planning lawyers have a niche specialty. They’re well versed in Federal and Virginia special needs laws, as well as areas like special education and employment. They’re also estate planning lawyers who can help you create a Special Needs Trust to ensure your child is provided for without losing their public benefits.

A Special Needs Planning lawyer can create the right trust for your child. A Special Needs Trust is intended to benefit your child, and it can be composed of many types of properties or investments. If you’re starting early enough, your Special Needs Planning lawyer can help you figure out the best assets to use to create an optimal trust.

 A Special Needs Planning lawyer can be your child’s advocate in a variety of forums. He or she knows both estate planning law and disability law. A Special Needs Planning lawyer can help you create a trust, but he or she can also be your child’s advocate when it comes to schooling or housing. Sometimes, even knowing that a family with a Special Needs child has attentive legal representation is enough to deter those who might try to take advantage.

A Special Needs Planning lawyer can help you set up Guardianship or draft a Power of Attorney for your special needs child. Getting court-ordered guardianship is a necessity that many families will have to go through when their child turns 18 or when they are older. At age 18 your child will be considered an “adult” in the eyes of the law, despite his or her disabilities, and you will lose the ability to make decisions or speak on their behalf.  If your child is high functioning and has the mental capacity to sign legal documents, your family may be able to accomplish the same objective by having your child sign a Power of Attorney.  A Special Needs Planning lawyer can direct your family down this path when the time comes.

Every parent of a special needs child wants to create a team of specialists in order to best care for their child.  Make your team complete by including a Special Needs Planning lawyer to assist with your child’s legal and financial planning issues.