Many people think that establishing trust for a loved one with special needs would be sufficient. However, creating a proper plan for someone with special needs is not that simple. A comprehensive plan will involve the duration for which the long-term plan will be funded, residential options, and surrogate decision-making authority. Funding usually incorporates private assets and available income streams, such as social security, Medicaid, and federal employee benefits.
As your special needs planning attorney would tell you, two types of benefits categories are available to the persons with special needs, based on those who are in financial needs, and those who aren’t. Even trust is not needed in all cases. For example, if a person is capable but is considered disabled due to Social Security guidelines, and receives benefits that are not linked to financial needs may not require the setting up of a trust, although there may be additional reasons to hold an inheritance in trust for such an individual.
Helping with Medicare and Medicaid benefits
In general, persons receiving Social Security Disability Income are entitled to Part A Medicare benefits after two years of a qualified disability but this period is shortened for the individuals diagnosed with certain conditions, like end-stage renal failure. A Medicare beneficiary may enroll for Medicare Part B benefits which cover doctor’s fees but they have to pay a monthly premium, and the person may also need to pay deductibles and copayments as the entire cost is not covered. A Medicaid beneficiary may also receive Medicare Part D for a monthly premium to get assistance to pay for their medications. There are many more such issues wherein your experienced special needs planning attorney, such as the ones available with Montana Elder Law, will help you with the right legal advice.
Understanding what goes into long-term care planning is important
Understanding what goes into long-term care planning will help you choose the right plan that suits your specific needs. However, not everyone is capable to do long-term care planning of their own, and may need legal advice. Montana Elder Law firm has specialist long term care planning attorneys who work with you to ensure that you are able to get the level of support you want, and keep your family from having to worry about bearing the costs of treatment. The attorney will assess your assets, discuss your care goals, and create a long-term care plan for you that fits your needs.
Helping protect your assets
The long term care planning attorney will work to protect your assets through government programs like Veterans Aid, and instruments like Medicaid planning. The attorney will also help you determine a long-term care insurance or a life insurance plan that will be most appropriate for you. The attorney will also help you set up trusts to shelter assets, establish guardianships and conservatorships, and assign financial power of attorney.
Besides long term care planning attorneys and special needs planning attorneys, Montana Elder Law also provides its specialized services for probate and estate planning throughout Bozeman, Helena, Kalispell, Great Falls, Butte, Billings and Missoula.