Long Island Elder Law & Estate Planning

A special needs planning attorney can provide you with help if you are the parent, guardian, or relative of a special needs child. If your child has special need, you need to think differently about your estate planning process and you need to get plans in place for the future as soon as possible in case something happens to you. You face different challenges than many parents who assume their children will become independent adults, and you want to ensure that you have done everything possible to provide for your child no matter what happens to you. special needs planning

Mark S. Eghrari & Associates, PLLC can help. We can work with you to understand the steps that you need to take and the legal tools that you need to use in order to ensure that your child will be provided for. We can also assist you in putting your comprehensive plan into action so you will have the peace of mind of knowing that your child is definitely provided for you. You should give us a call today to find out about the ways in which our firm can help you to make a special needs plan. You can also read on to learn about some of the key issues that you may need to address as part of the special needs planning process. Our special needs planning attorneys can help with each of these issues and can further assist you in making a plan personalized to your child’s needs.

Making Plans for Your Child’s Physical Care

One of the most important things parents need to do is determine who will provide physical care for a disabled child if a parent becomes unable to do so. Depending upon the nature and extent of your child’s disability, your child may never be able to live alone. If this is the case, you will need to plan for what will happen to the child if you aren’t able to care for him or her any longer. You can consider asking the child’s siblings or other relatives who are likely to outlive you if they would be able to care for the child into adulthood. You can also look into group homes or institutional settings, but will need to make sure you have the money to pay for the facility you are interested in.

Naming a Guardian for Your Child

If you decide your child will live in a group home or facility, you should still name a guardian for your child. The guardian will be in charge of looking out for your son or daughter, making decisions on your child’s behalf, and helping to ensure that your child is treated appropriately by caregivers.

Ensuring There are Funds Available for Care

You likely want to ensure your child has ongoing financial support, even after you are gone. This can be especially important if you want your child to live in a private care facility that is costly. You should consider the purchase of a life insurance policy if you will not have enough money to leave for your child’s care out of your own savings and assets. Buying a life insurance policy when you are younger can be much more affordable than waiting until you grow older. If you will need the policy to remain in effect for your entire life, rather than just a term of years, you should look into whole life policies. These tend to be more expensive, but if you need a policy for life, they may be your best or only option.

Providing an Inheritance Without Jeopardizing Means-Tested Benefits

Whether you provide an inheritance through life insurance or through assets you’ve acquired, you need to ensure the inheritance does not jeopardize access to means-tested benefits your child may count on, such as Medicaid. You also need to make sure the money is managed appropriately and used to enhance your child’s quality of life. The creation of a special needs trust can allow you to provide an inheritance, protect the assets, and choose a trusted person to manage the inheritance on your behalf.

Getting Help from a Special Needs Planning Attorney

A special needs planning attorney at Mark S. Eghrari & Associates, PLLC  can provide personalized one-on-one advice as you make plans to provide for the care of your child with a disabling condition. We will work with you throughout the process of determining the types of plans you need to put in place and we will help you to implement your plans by making the most effective use of legal tools. To find out more about how our firm can help you, join us for a free seminar. You can also give us a call at (631) 265-0599 or contact us online at any time for assistance.

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About Mark S. Eghrari, Estate Planning Attorney

Mark S. Eghrari is an attorney in private practice in Smithtown, New York. He has been in practice since 1988. Mark S. Eghrari provides extensive estate and tax planning services to individuals and businesses. Mr. Eghrari’s primary focus is helping clients avoid probate, minimize or eliminate Federal and State Estate taxes and protect their assets from the high cost of nursing care, if they become ill.