Only You Can Protect Your Child With a Disability
We make it easy.
My daughter with Down Syndrome is an adult, but she will always need a legal Guardian. My adult nephew with Autism needs a Conservator.
They both require a Special Needs Trust.
Because I am a lawyer none of this poses a problem for my family.
However, what is uncomplicated and obvious to me is neither straightforward nor obvious for you.
In fact, for many Utah families whose children have disabilities, preparing the legal foundation for their children’s future welfare seems like a mountain.
Your primary concern for your child’s future comfort & security can be expressed as follows ─ Can you continue to protect and nurture your child with a disability (adult or minor) after you are gone? The answer is yes but only if you develop a formal plan without delay.
The number one issue facing Americans is health care. Most persons with disabilities are provided health care through Medicaid. They also receive Supplemental Security Income (SSI) to help with food and shelter.
However, if you fail to act, your child with a disability will likely lose these benefits. If you are wise, not only can you protect these benefits, additionally you could easily provide the quality of life your child deserves after you are gone.
Again, you must develop a formal plan without delay if you are the parent of a minor child or adult child with a disability. Without such a plan you put your child at unnecessary risk.
I urge you in the strongest possible terms to research and consider a legal document known as a Special Needs Trust, also called a Supplemental Needs Trust.
The sooner you call me the better. I can move you quickly through the process to help secure your piece of mind. I will help to make it convenient, simple and affordable.
What types of disabilities require a Special Needs Trust?
Autism, Down Syndrome, Blindness and other Visual Impairments, Deafness, Brain Injury, Severe Physical Disability, Mental Illness, Epilepsy, Cerebral Palsy, Multiple Sclerosis, or any disability that will entitle your child to SSI and medicaid.
I can imagine very few circumstances where you and your child will not benefit from a Special Needs Trust.
In truth, no other legal instrument will give you the peace of mind you seek with regards to the future of your child with disabilities and their protection.
Some Basic Facts About the Special Needs Trust
Federal and state laws govern the creation of Special Needs Trusts.
Unlike a direct inheritance, a carefully drafted Special Needs Trust will not adversely affect your child’s government benefits. Additionally, it can provide carefully structured monetary benefits for decades, unlike a onetime inheritance.
The Special Needs Trust does not replace government benefits, such as SSI or Medicaid. It supplements the quality of life you want for your child after you are gone, providing the life enhancements you want. For example: improved housing, additional medical treatments, transportation, household furnishings, to name a few. It can even provide for hobbies, recreation, vocational tools, schooling, etcetera.
The benefits and legal standing of the Special Needs Trust are recognized by legal and financial experts throughout the nation. The Special Needs Trust is a well-established estate planning tool. Conversely, the consequences of your failure to understand the Special Needs Trust could prove devastating to the long-term welfare of your child.
I would be happy to answer any questions you have about the Special Needs Trust
directly, whenever you are ready.