When estate planning for individuals with special needs, there are several important considerations to keep in mind:
Understanding eligibility for government benefits: Verify that the individual with special needs is eligible for government benefits, such as Medicaid or Supplemental Security Income (SSI), and plan accordingly to ensure that these benefits are not lost as a result of an inheritance or other financial windfall.
Creating a special needs trust: Consider setting up a special needs trust to protect government benefits and provide for the individual's financial needs without affecting their eligibility for government assistance.
Designating a trusted caregiver: Designate a trusted individual to act as a caregiver and manage the individual's financial and medical affairs in the event of incapacity.
Providing for long-term care: Consider the individual's long-term care needs and plan accordingly, taking into account the cost of care, the availability of government benefits, and the individual's own wishes.
Reviewing and updating estate planning documents: Regularly review and update estate planning documents to ensure that they continue to reflect the individual's wishes and changing circumstances.
Seeking professional advice: Consult with a special needs attorney and financial advisor to ensure that all aspects of the individual's estate plan are in order and that their unique needs are properly addressed.
It is important to note that estate planning for special needs individuals is a complex and highly specialized area, and it is recommended to seek the advice of a qualified attorney who has experience in this area.
