If you have a family member, relative, or friend with special needs, you may be in a position to provide them with the financial care and support they need, but if you want to ensure that the person continues to receive the support after you have passed away, our special needs planning attorney Great Falls will ensure that your loved one continues to keep getting it. Our attorney will ensure that means-tested government benefits such as Medicaid and Supplemental Security Income (SSI), remain available to your loved one. Special needs trusts, also known as supplemental needs trusts, do not jeopardize the eligibility of the beneficiary for SSI because the money in the trust is not held in the name of the beneficiary and is not counted as a resource for Medicaid and SSI government benefits programs.
Our special needs attorney Great Falls will explore options for you to arrange for good living conditions for your loved one when you are no more, and make provisions for their care in case you have been physically assisting the child or adult with special needs. Our special needs attorney will also help plan your estate using special needs trust so that the assets inherited by your disabled child can pay for the goods and services not covered by government programs.
Establishment of trust and the ABLE account
Often, the person with special needs is not capable of properly managing their funds and property due to their disability. Special needs planning generally begins by defining goals for the individual, determining the amount of money required to achieve those goals, and creating a trust to keep these funds. Our special needs planning attorney Great Falls will ensure that the money available to your loved one not only grows with time but smart financial choices are made on their behalf regarding the spending. For this, a trustee with fiduciary duty will be appointed to take control of asset management for the beneficiary.
Standing instructions may be issued for the trustee on how the money should be spent to enrich the quality of life for the individual with disability. Your special needs planning attorney in Great Falls will work with you to establish the trust, and choose a trustee who will be in charge of the trust management. Montana Elder Law can also assist with the establishment of ABLE account and other types of trusts, such as pet trusts.
Tackling issues of guardianship or conservatorship
Many people with children with special needs consider guardianship as their children approach the age of 18. Guardianship is needed when a child is unable to receive, process, or communicate information adequately to protect themselves, their property and finances, of their own. They need someone’s assistance for this. Our special needs planning attorney in Great Falls will help you with your guardianship or conservatorship needs so that the guardian or conservator can take important decisions for the disabled child or adult. The attorney will also educate you about the less restrictive alternatives, such as financial power of attorney and medical power of attorney.
Enriching the quality of life for the individual with special needs
Montana Elder Law’s experienced special needs attorneys have assisted many clients in Great Falls and throughout Montana to make informed choices to enrich the quality of life of their loved ones with disabilities. The experienced and trusted attorneys at Montana Elder Law are passionate about helping people with special needs through personalized and knowledgeable guidance, and ensure the best possible quality of life and care for them.