Special Needs Planning Attorney Serving Louisiana

If you care for a loved one with special needs, it’s critical that you have an estate plan that takes their ongoing and future needs into account. Depending on their circumstances, inheriting from you directly under state law or via a simple will could leave your loved one’s financial stability at risk. Working with an experienced special needs planning attorney is the best way to ensure the plan you have set forth will be in everyone’s best interest.

There may come a time when you are no longer able to protect and provide for your family member with special needs. If that day should come, the best possible gift you can give them is financial security that allows them to live with dignity and as much independence as possible.

To get started establishing a strong foundation for your loved one’s future, contact Aspen Estate Planning to schedule a consultation with a special needs planning attorney.

Why Special Needs Planning Matters

Special needs planning is critical for anyone who has a disability. This is particularly true when your loved one lives with a condition which may make it difficult or even impossible for them to live independently as an adult. Individuals living with severe mental illness, or a traumatic brain injury, or anyone who needs assistance managing their affairs due to a disability may require special needs planning.

Also, many people with special needs rely on government benefits that are only available based on a person's income and assets. If they suddenly come into even a modest inheritance, assets they receive directly can disqualify them from Medicaid or Supplemental Security Income (SSI) and require them to “spend down” assets before regaining eligibility.

Special needs trusts, also known as “supplemental needs trusts,” can allow people to inherit property in a way that doesn’t jeopardize their benefits and allows them to maintain autonomy, dignity, and quality of life. There are different types of special needs trusts, and a special needs planning attorney can help you design a trust that fits your loved one’s situation and best meets their needs. Your Aspen Estate Planning attorney can also advise you about other special needs planning options, such as ABLE accounts, to improve your loved one’s financial security. ABLE (Achieving a Better Life Experience) Accounts allow individuals with special needs to save money without affecting eligibility for SSI and Medicaid, money which can be used for certain expenses such as housing and education.

Many parents of children with special needs assume they will be able to continue managing their child’s affairs indefinitely, but this changes legally when the child becomes an adult. If you are the parent of a minor child who is unlikely to live independently as an adult, a special needs planning attorney can help you keep legally managing assets that help with their care, allowing you to protect them even after they reach adulthood.

The Aspen Estate Planning Difference

If you have a loved one with special needs, you probably already know that you need to make an estate plan that takes them into account. But the day to day obligations of caregiving may make it difficult to carve out time to travel to a lawyer’s office. Aspen Estate Planning offers services that fit into your life so you can get the peace of mind and help you need, with a minimum of stress. Virtual consultations, or in-person meetings at a location of your choice, are available to make planning easier.

Caregiving is rewarding, but it can also be a lonely or isolating experience. I work to make the planning process comfortable and collaborative. My goal is for you to leave our consultations feeling like you’ve had a good talk with someone who cares about your family and understands your concerns, and that you’re not facing those concerns alone.