Any parent will attest that they want what is best for their child. This can look vastly different from family to family and from child to child. However, understanding what is best for a child means considering the needs of the child currently and in the future. For children with special needs, it can feel overwhelming to consider the future care of the child when it is currently a challenge to meet his or her changing needs. Nevertheless, it is still possible to provide for these future needs while still providing for other loved ones in the event of your death.
Georgia residents want what is best for their parents and loved ones as they age, and while keeping them in the house may be the best way to do that for some people, this is not an option everyone can avail. Regardless of where they reside, caring for an adult or even a child who is disabled over a long period of time can cause emotional and financial stress that many may not anticipate.
Many words have been written about meeting the challenges of caring for children with special needs. Somehow, the challenges of caring for adults with special needs has received far less attention.
Special needs trusts have become common estate planning tools for special needs children and adults. These trusts are so common that many parents of special needs children believe they can move from one state to another without jeopardizing any of the benefits that the trust provides. While this assumption may be true in the majority of circumstances, the failure to closely examine the requirements and regulations for special needs trusts in the destination state may deprive a child of essential federal and state aid.
Special needs trusts have become a valuable and much-used estate planning tool for Georgia families with special needs children. Many families who want to establish a special needs trust for one or more of their children usually assume that retaining a knowledgeable attorney is the necessary and often the last step in the process. While this assumption may be correct in most situations, many persons who are considering establishing a special needs trust are unaware of the services provided by the state of Georgia to ensure both the legal efficacy of the trust and the effectiveness as an estate planning tool.
Many families in Georgia with special needs children may be eligible for a variety of federal and state funded programs, but many of these same families are unaware of these programs or do not know how to apply for benefits. An experienced special needs lawyer can provide valuable assistance in such cases.
Georgia families that include a person with special needs have a variety of government plans that provide several types and amounts of financial assistance. Some of these programs have financial limits on eligibility, which means that many people who would benefits from the plans are financially disqualified because their income or assets exceed the limits for the plan. Medicaid is one of the most notable examples of how such limits work to deprive otherwise eligible individuals of the benefits of such plans.
Many families in Georgia have a person who needs to be cared for because of illness or disability. While good care might be provided while there are parents and guardians to make sure of it, a common concern is what might happen to the person if he or she is left alone without someone to make those decisions and oversee the care.
As Georgia's elderly population looks to their futures, many experience a feeling of hopelessness because they are not aware of the many resources available for elder care planning.
Most Georgia parents understand the need for a competently prepared estate plan to pass their assets to their children. This need becomes even more critical for parents of children with special needs. Parents with special needs children should consider some of the following suggestions to ensure that their special needs child receives the proper care after they are gone.