Sandi D., Client.
Families planning for a special needs parent, sibling, spouse or child have a lot to consider, including financial planning, long-term care, guardianship, and family dynamics. Hilliard Estate Law and Mediation works with families to help them through the complex estate planning process to ensure all involved parties are ready, willing and able to provide care for those with special needs and, at the same time, protecting those requiring special care.
Many families may think they have a special needs plan in place that will provide for their loved ones with disabilities; however, if that plan does not include a Special Needs Trust, it may not provide the protection they expect. A good estate plan has provisions for a Special Needs Trust, if it becomes necessary.
Without a properly structured Special Needs Trust, the State of California and the courts will determine how your family member with special needs will be treated. They will decide who will raise your children, including possible foster care until a guardian can be assigned. They will direct how any inheritance will be spent. They will control most everything.
The time, legal costs, trustee fees, and emotional payout will be substantial. None of this has to happen. For the individual with special needs, it's about maintaining the highest possible quality of life. For the caretakers, especially other family members, it's about minimizing stress and ensuring proper care and financial resources. Contact Hilliard Estate Law and Mediation to discuss your needs and those of your special needs family member.