A special needs trust can provide
peace of mind for families caring for a loved one with a disability. For some
people with a disability, a special needs trust is just one way their lives may
be enhanced. A special needs trust works by maximizing the resources available
to them. While it preserves eligibility for programs like Medicaid and
Supplementary Security Income (SSI), it may also help pay for quality of life
things that will make life better for the disabled person. Below we will take a
look at who qualifies for a special needs trust, and how the process works.
If you are the parent of a special needs child, you probably know that there are steps that need to be taken before your child turns 18 in order to retain legal guardianship. Those steps need to be taken through the Florida court system, which can be intimidating and confusing. Luckily, help is available by obtaining a special needs planning attorney at The Mattar Firm.
Special needs trusts are an irrevocable trust existing
under the common law, which allows disabled beneficiaries, to keep enjoying the
property held in the trust for his or her own benefit. Additionally, it allows
beneficiaries to receive the government benefits that are essentially
needs-based. An irrevocable trust has terms that cannot be modified,
terminated, or amended without the grantor named as a beneficiary permit. These
special needs trust provides the disabled with funds enhancing their quality of
life as it also allows them to be eligible for government programs that are
As a caregiver, you are subjected to emotional stress and
strain physically. Reports show that caregivers show higher levels of stress
than people who are none caregivers. The main role of caregivers is to help the
elderly who are at times sick, or disabled. They are on call almost daily.
Caregivers stretch and strain and sometimes lack enough time for them and their
A clinical term describing children and adults who
require partial or full assistance to perform necessary daily activities,
special needs children have been diagnosed with permanent and severe
psychological, mental/cognitive and/or physically disabling conditions.
Disorders considered as “special needs” range from Down Syndrome,
blindness and attention-deficit disorder to cerebral palsy, dyslexia and
Estate planning isn’t always as simple as making a
will. For those who are parents of a disabled or special needs child,
establishing a trust for the child is an essential part of their estate planning.
There are many options for trust planning for Marco Island residents, but for
an airtight legal document and thoughtful planning that takes your unique
circumstances into consideration, choose The Mattar Firm.
When a court decides that a special needs individual
needs someone to act as their legal representative, that individual is referred
to as a ward of the state. The first order of business for the courts is to
assign a guardian for the ward. In Bonita Springs, the courts like to act
quickly in these cases to help protect the interests of the ward. That is why
it is important for Bonita Springs families to understand the qualifications
for being a guardian in the event that the family experiences an unexpected
Any person with special needs who is under the age of
18 automatically falls under the protection and guardianship of their parents.
If the parents are no longer alive or unable to be suitable guardians, then the
court will assign guardians that will look after the child. A guardian is
responsible for making sure the child is taken care of, all paperwork for their
condition is filled out and filed, and the child’s finances are taken care of.
In Naples, Florida, there are families with special
needs members who want to make sure those special needs loved ones are cared
for their entire lives. The problem with leaving someone with special needs
cash in a will is that being a beneficiary can damage that special needs
person’s ability to get the public funding they need to survive. If family
members want to do something to help out a loved one with special needs, then
there are trusts you can put together that will allow benefits to be distributed
without hurting the chances of getting public assistance.
The city of Port Charlotte is filled with good people
from strong families who are always looking out for each other. Parents with a
special needs child want to do everything they can to protect that child and
help them to grow into adulthood. But when a child with special needs turns 18,
the law considers them to be an adult capable of making their own decisions. If
the family feels that the special needs person needs a guardian to make
decisions for them, then they petition the court to assign a guardian. It is a
serious matter and one the courts do not take lightly.