Special needs planning helps ensure that people who can't care for themselves stay eligible for government benefits throughout their lives. 

Caring for a loved one with special needs is often a long-term commitment filled with challenges like changes in income, care, or coverage. It might feel overwhelming. But contacting a special needs planning attorney early can ease your mind, helping you shape a lasting safety net. 

How a Special Needs Planning Attorney Protects Benefits, Finances, and Future Care

1. Legal Planning

Estate planning: Creating an estate plan helps you provide for your loved one's long-term needs when you can't be there for them. If your financial or other situations change, you can adapt your plan accordingly. Regular updates ensure everything goes according to plan. 

Outside of a will, durable power of attorney, and an advance health-care directive, other parts of your plan may include:

• A special needs trust which can help a beneficiary maintain eligibility for government benefits like Supplemental Security Income (SSI) and Medicaid/MaineCare.
• A letter of instruction or intent to outline care and other details.
• Planning for guardianship or conservatorship: Guardianship lets you appoint a decision-maker for a child. For adults with special needs, conservatorship gives someone the authority to manage their money. Both roles ensure care for your loved one if you're no longer able to do so. 
  • Supported decision-making is an alternative to guardianship after adulthood. It helps someone with a disability make and communicate their life decisions to others.

After the creator of the plan passes away, an attorney can help distribute assets and settle the estate.

Other Legal Aid:

• Long-Term Care Planning: Covering housing and medical concerns centers not just on the person with special needs but those who care for them. Parents and other caregivers should consider their ability to provide care, especially if they become incapable of caring for themselves. 
• Managing Public Assistance and Eligibility: Medicaid rules for keeping benefits while getting extra financial support can be complex. Legal advice ensures you follow the rules and stay current with legal changes. 

2. Financial Planning:

• Setting up an ABLE account:  ABLE accounts let people with disabilities save money tax-free for qualified expenses without losing their public benefits.
• Tax planning: Proper planning may help you cut costs through tax credits and medical expense deductions. 

3. Medical or Educational Needs: As a child with special needs matures, their health or educational needs might change. Attorneys can guide you through challenges like seeking the right medical care or educational programs. 

4. Life Transitions and Major Events: Before a child with special needs turns 18, planning for their transition to adulthood becomes crucial. Other significant life changes -- like parents moving out of state or retiring -- may affect care. A special needs attorney can help you prepare for these major life events.

5. Advocacy and Support: Special needs planning attorneys help address benefit disputes and discrimination issues in health-care or educational settings. 

Planning for your loved one's future is a path you don't have to walk alone. Consulting a special needs planning attorney can secure their care and well-being now and later on.

To explore planning options to protect your loved one's future, contact us online or call (207) 377-6966 for a free consultation.