As a former teacher for students with Special Needs and with a Master of Arts degree in Special Education, I initially went into law school with the goal of assisting people with disabilities. My practice has expanded, but still one aspect has not changed–my passion to help those with special needs. Further, my Master of Laws degree (LL.M.) in Elder Law provides with me with the knowledge and skills to assist with all levels of planning for individuals with disabilities, specifically drafting special needs trusts.
When I have been asked by clients or other attorneys about the single biggest error I see with Estate Plans, my answer is handling the assets for someone with disabilities. A person with special needs, typically, should have both a first person special needs trust and a third person special needs trust. By setting up both types of trusts, a parent or a guardian can ensure the person with special needs will not lose his or her benefits. On December 13, 2016, the Fairness in Medicaid Supplemental Needs Trusts was signed into law by President Obama. Finally, individuals with special needs can create their own first person special needs trust.
Call me today for a free consultation.