Special Needs Planning
At Ruder Ware, we understand the unique challenges faced by individuals with physical or cognitive impairments. Our attorneys are dedicated to ensuring clients’ long-term care needs are met. Ultimately, their goal is to maximize and preserve benefits, protect assets, and ensure lifelong care.
The Importance of Special Needs Trusts
Special needs trusts are crucial because they allow individuals with disabilities to receive financial support without losing access to government benefits like Medicaid and Supplemental Security Income (SSI). These trusts manage assets for the benefit of the person with disabilities, ensuring funds can be used to enhance their quality of life by covering additional needs such as medical care, education, and recreational activities. This way, families can provide for their loved ones’ future without jeopardizing their eligibility for public assistance programs, offering peace of mind and financial security.
Supporting Parents of Special Needs Children
Our attorneys frequently help parents who want to ensure their special needs child continues to receive care without interruptions, whether the child is a minor or an adult. The creation of a special needs trust provides care beyond what governmental benefits can provide.
Setting Up and Managing Special Needs Trusts
A well-designed and managed special needs trust can support a family member’s needs without affecting their public benefits. We help families set up these trusts and find a trustee to manage them for the family member’s long-term benefit. Our team has extensive experience in creating, funding, managing, and adjusting different types of special needs trusts, including first-party, third-party, and pooled trusts.
Guardianship for Disabled Individuals Becoming Legal Adults
We also assist families where a child turns the age of majority (18 in Wisconsin) and needs a permanent guardian appointed. When a disabled child becomes an adult, their parent(s) loses many of the rights they had to handle their child’s physical and financial well-being. Our attorneys assist parents and other caregivers in petitioning the Court for the appointment of a permanent guardian of the person and estate of a child before they turn eighteen. This provides for continuity in the services a caregiver provides to the disabled individual and protects the individual from financial abuse.
Special Needs Planning Services:
- Special needs planning for individuals with disabilities: Helping families create plans that address the unique needs of those with physical or cognitive impairments, ensuring they receive the care and support they need.
- Creating and updating special needs trusts: Setting up and modifying trusts that hold assets for individuals with disabilities, allowing them to benefit from the funds without losing eligibility for government assistance programs.
- Securing and maintaining public benefits for long-term care: Assisting in obtaining and preserving benefits like Medicaid and Supplemental Security Income (SSI) that help cover the costs of long-term care for individuals with disabilities.
- Acting as a professional trustee for special needs trusts: Serving as a trusted manager of the special needs trust, ensuring that the funds are used appropriately and in the best interest of the individual with disabilities.
- Managing guardianship and conservatorship matters, including appointments and removals: Helping families establish, change, or remove legal guardians or conservators who are responsible for making important decisions on behalf of individuals with disabilities.
Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services. A full-service law firm, over 45 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.
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