Yorkville Special Needs Estate Planning Attorney

Reputable Lawyers in Kendall County Looking Out for the Best Interest of your Special Needs Family Member

Estate planning is an important step in ensuring that the needs of different family members are addressed correctly. In many cases, families will do everything they can to ensure that their loved ones are provided for, such as by leaving assets to different family members in a will or setting up a trust that may be used to transfer assets to beneficiaries. However, when a family member or other loved one has special needs, estate planning can take on an additional level of importance, and certain issues must be addressed in order to ensure that the individual's best interests are protected.

At Gateville Law Firm, our estate planning attorney provides guidance to families in a variety of situations, helping them understand the steps they can take to ensure that their family members' needs are met. We can help parents of children with special needs, relatives of people with disabilities, or others who need to address these issues determine their best options. Our goal is to make sure our clients are able to provide financial assistance to those who need it and ensure that they will be provided for, no matter what might happen in the future.

Issues to Address in Special Needs Estate Planning

In situations where family members have special needs, estate planning can include more complex considerations than in other cases. A family may need to ensure that their estate plan will provide ongoing support for individuals who cannot fully support themselves. Additionally, estate planning may need to involve other issues, such as the establishment of guardianship.

Some key issues to address in cases where a person has special needs are related to government benefits. People with disabilities may qualify for multiple different types of benefits. Supplemental Security Income (SSI) can provide financial help for those who are unable to maintain gainful employment. Medicaid benefits can help cover healthcare costs for people with low incomes or limited financial resources. To qualify for these benefits, a person usually must have limited income and assets.

Families who are looking to provide for the needs of loved ones with disabilities may plan to transfer assets to a person, make purchases on their behalf, or pay for certain types of goods and services. However, doing so could jeopardize the person's ability to receive public benefits. Since SSI and Medicaid are means-tested, the receipt of money or other valuable assets could cause a person to be ineligible for government aid.

To avoid problems related to eligibility for government benefits, a family can set up a special needs trust that benefits a disabled loved one. This will allow assets to be owned by the trust rather than the person themselves, ensuring that they will still qualify for benefits. Distributions from the trust can be used for specific purposes, such as transportation, education, entertainment, and medical devices or treatments that are not otherwise covered. This can ensure that the person can receive public benefits to cover essential needs while taking advantage of the support provided by their loved ones to help improve their quality of life.

There are a variety of other issues that families of people with special needs may address during the estate planning process. In addition to establishing guardianship for a person with a disability, documents such as powers of attorney or advance healthcare directives may be created to ensure that a trusted loved one will be able to make decisions on behalf of a person who needs assistance or who cannot fully address these issues on their own. An experienced estate planning lawyer can provide guidance on the best ways to ensure that the needs of a disabled individual will be met throughout their lifetime.

Contact Our Kendall County Special Needs Estate Planning Attorney

Creating a special needs estate plan is an important step for families who have loved ones with disabilities. At Gateville Law Firm, our experienced estate planning attorney can help you understand the issues that need to be addressed and provide guidance on setting up a special needs trust or other legal documents to ensure your loved one's needs are met. We will work closely with you to create a comprehensive estate plan that meets the needs of everyone in your family. To schedule a consultation, contact us today at 630-780-1034.