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Special Needs Planning

Special Needs Planning Lawyer Worcester, MA

As a parent, your children are likely a top priority. If you have a child with special needs, this means you may need to make specific plans ahead of time for their future care. You want to have peace of mind that they are living comfortably and have their  needs met. If you don’t know where to start, it helps to begin with guidance from a Worcester, MA special needs planning lawyer. We can work with you to create a plan that considers your child’s needs. We can assist with setting up a trust, choose guardians, and make other arrangements so your child will be taken care of. At The Law Office of Polly Tatum, our lawyers have helped parents just like you who want the very best for their children. Please don’t hesitate to reach out today for individualized support.

Special Needs Planning

If anything happens to you, you want to know that your child will have everything they need to be well. Thankfully, your estate plan can address any concerns so that when or if your child is on their own, they still have continued support. Our dedicated special needs planning attorneys understand the estate planning process and can ensure that your child’s future is comfortable and secure. But it is of the essence to start planning as soon as possible. This allows you more time to confirm everything is in order in case something unexpected happens.

Resources For Your Loved One

There are benefits to using a special needs trust, ABLE account, care plan, private insurance, or annuity. Once you have a better idea of the resources that are available to you, we can create a plan for how to support your loved one’s exigencies. For instance, you may need to make sure there is enough funds to cover a comfortable living situation, medical expenses, recreation, or education. We can imagine the worry you may have for a child with additional needs. Getting official legal assurance that they will be taken care of after you have passed on can bring immense relief. We can explain how to set up a trust or other care plan based on your wishes and preferences.

Law Office Of Polly Tatum

No one wants to think about their mortality. But the fact remains that we are not going to be here forever. So parents who have children with special needs may feel overwhelmed at the risk of something happening and it means their child is alone. Depending on the special needs, your child may require monetary support for a lifetime. You can trust the team at the Law Office Of Polly Tatum to be attentive to your wishes and make sure your child is covered through a comprehensive estate plan. The right time to start planning for the future is now, especially if you have children who require additional support to maintain a happy and healthy living. We offer consultation to talk more in-depth about your estate plan goals. To reserve an appointment, contact us as soon as you can.

Ensuring The Future Well-being Of Your Special Needs Child

As parents, we always strive to provide the best possible care and support for our children, especially those with special needs. However, one concern that often weighs heavily on the minds of parents of special needs children is what will happen to their child when they are no longer able to provide care. This concern is entirely understandable, but with careful planning and guidance from a Worcester, MA special needs planning lawyer, you can take steps to ensure the future well-being of your special needs child. If you have a special needs child, contact Law Office Of Polly Tatum for help.

Understanding The Importance Of Special Needs Planning

Special needs planning is a crucial aspect of estate planning that focuses on providing for the unique needs of individuals with disabilities, both during their lifetime and after the passing of their parents or caregivers. Without proper planning in place, your special needs child may be at risk of losing vital government benefits, facing financial insecurity, or being placed in a situation that does not adequately meet their needs. It is possible, however, to ensure that your child is cared for after you are gone.

Creating A Comprehensive Plan For Your Child’s Future

One of the first steps in ensuring the future well-being of your special needs child is to create a comprehensive estate plan that addresses their unique needs and circumstances. This may include establishing a special needs trust, designating a guardian or caregiver, and making provisions for ongoing care and support. A Worcester special needs planning lawyer can help you navigate the complexities of special needs planning and ensure that your plan reflects your wishes and goals for your child’s future.

Establishing A Special Needs Trust

A special needs trust is a powerful tool that allows you to set aside funds for the benefit of your special needs child without jeopardizing their eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI). Funds held in a special needs trust can be used to supplement government benefits and cover a wide range of expenses, including medical care, therapy, education, housing, and recreational activities. By establishing a special needs trust, you can provide for your child’s long-term financial security and ensure that their needs are met well into the future.

Designating A Guardian Or Caregiver

In addition to establishing a special needs trust, it’s essential to designate a guardian or caregiver who will be responsible for making decisions on behalf of your special needs child when you are no longer able to do so. This individual should be someone you trust implicitly and who is willing and able to assume the responsibilities of caring for your child. It’s important to have open and honest discussions with potential guardians or caregivers to ensure that they understand your child’s needs and are prepared to provide the level of care and support required.

Taking Action Today For A Secure Tomorrow

While thinking about what will happen to your special needs child when you are gone can be daunting, taking proactive steps to plan for their future can provide invaluable peace of mind. By working with a lawyer, you can create a comprehensive plan that protects your child’s financial security, ensures their ongoing care and support, and provides for their well-being long into the future.

At the Law Office Of Polly Tatum, we understand the unique challenges faced by families with special needs children as we have been working with families since 1997 to create estate planning for various needs. We are dedicated to helping you navigate the complexities of special needs planning with compassion and expertise. Contact us today to schedule a consultation and learn more about how we can assist you in creating a secure future for your special needs child.

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I worked with Polly to update my will and create a revocable trust… The entire process went very smoothly. I highly recommend Polly Tatum and her staff. They are all very professional and friendly people.

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Frequently Asked Questions

Estate planning lawyers can help you with a wide variety of legal matters, including wills, trusts, probate, and estate administration.

An elder law attorney can help with any legal issues that come up with regard to yourself as you age or an older loved one. These issues can include things like planning how to pay for long-term care, making sure that long-term care is appropriate and that no abuse or neglect is occurring, and helping with things like trusts that can ensure our elderly loved ones are provided for.

While a will can take care of some very basic aspects of your estate, like distribution of some assets and guardianship of minor children, it cannot do things like designate a trusted person to make medical or financial decisions for you if you are unable, make your wishes known as to your medical care at the end of life, or provide managed financial benefits for special needs family members, for example. A will is essential, but it is rarely enough to take care of things should you become incapacitated or die.

The cost of hiring an attorney depends on the type of case you have and the amount of work that is required. In most cases, we offer a consultation so that you can get an estimate of the cost of our services. Contact us today to schedule a consultation.

Medicare is a government-funded insurance program that covers some or all of the costs of certain medical procedures for qualified participants (generally, the elderly or disabled). Medicare does not cover the costs of long-term care. Medicaid, on the other hand, is a government entitlement program that can cover the costs of long-term care for those who meet certain income and asset qualifications.

Medicaid eligibility planning is best started long before anyone in your family needs long-term care, but even if that planning has not been done in advance, there are some ways to make eligibility more likely while still protecting the assets of a spouse who does not need long-term care, for example. Contact our office, even if you think you won’t qualify for Medicaid. We may have options to suggest.

An estate plan is important because it allows you to control what happens to your property and assets after your death. Without an estate plan, the court will decide how your property is distributed, which may not be in accordance with your wishes. An estate plan can also help you avoid probate, which is a costly and time-consuming process.

The Law Office of Polly Tatum is an experienced team who is ready to help you. Our firm has a wide range of experience in estate planning, probate and trust administration, elder law, and divorce and elder mediation. An experienced law firm with a good track record can help you get the legal help you deserve.

Parents can name a guardian for their minor children in their will. This designation becomes effective upon the parents’ death, subject to court approval. Massachusetts law outlines the process for appointing a guardian, a crucial task for ensuring that someone you trust will care for your children if you pass away.

Massachusetts imposes an estate tax on estates exceeding $1 million. The tax rate varies depending on the size of the estate. Proper estate planning, including the use of trusts and charitable donations, can help minimize estate taxes and preserve more of your wealth for your heirs.

Health care directives, including living wills and healthcare proxies, are legal documents that communicate your medical care preferences if you become unable to make decisions yourself. Under Massachusetts General Laws Chapter 201D, a health care proxy allows you to appoint someone to make healthcare decisions on your behalf, aligning your medical treatment with your wishes.

A power of attorney (POA) is a document that allows you to appoint someone to make financial and legal decisions on your behalf if you become incapacitated. Massachusetts law provides for durable power of attorney, which remains effective even if you become mentally incapacitated, ensuring that the person you designate will manage your affairs according to your wishes.

Probate, governed by the Massachusetts Uniform Probate Code (Chapter 190B) is the legal process of validating a will, settling debts, and distributing the deceased’s estate. The process can be simplified for smaller estates, but generally involves filing the will with the local probate court, notifying heirs and creditors, and distributing the estate according to the will or state law.

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