Special Needs Planning

If you have a child or family member who has special needs, it is crucial that you take action to ensure that they will be properly cared for and fully protected — regardless of what happens to you. 

Using the traditional methods of leaving gifts or assets to an individual with special needs can actually cause unintentional harm — it could disqualify them from much-needed government benefits and it may even put them at risk of being exploited. 

Fortunately, there are estate planning answers available. An experienced San Antonio special needs lawyer can help you use the appropriate legal tools to ensure that your loved one is protected. 

Know the Importance of Guardianships and Special Needs Trusts

When planning for the care of special needs children or vulnerable family members, there are two key issues that must be addressed: guardianship and a special needs trust. Setting up a guardianship is appropriate for those who do not have the capability to make their own legal, financial, or medical decisions. By setting it up well in advance, you can be sure that your loved one will be protected. 

A special needs trust is an important estate planning tool that every family in this situation must consider. Through this trust, you give an individual with special needs access to assets — without disqualifying them for Medicaid and Social Security Benefits. As noted by the Social Security Administration (SSA), an individual must not have countable resources greater than $2,000 to be eligible to receive Supplemental Security Income (SSI). Assets left through a special needs trust are not counted as part of this total — you can use it to offer financial support without risking your loved one’s benefits.  

We Understand the Unique Challenges Facing the Special Needs Community

Our founder and lead attorney Charles J. Weisinger has previously discussed his personal experience with and commitment to serving the special needs community. Helping families who have loved ones with special needs matters to us. 

If you have a child or family member with special needs, we can help you protect them. For a free, fully confidential legal guidance, please do not hesitate to contact Weisinger Law Firm, we are here to help.