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Special Needs Planning
Bloomington Special Needs Planning Lawyer
Parents of disabled children often have an incredible amount of commitment to caring for their kids, even into adulthood. Depending on the severity of the disability, some may require full-time dependence. Others are able to carry out more activities independently yet still need support from their parents. In order to protect their children’s vitality and safety, parents may wonder who will care for their children after they, the parents, have passed on. Our Bloomington special needs planning lawyer is available to put together a long-term plan aimed at ensuring the future well-being of a disabled adult child.
Sandahl & Damhof has over a century of combined experience dealing with the complex legal and financial issues that surround special needs planning. From our Bloomington office, we serve clients throughout the Twin Cities, including Minneapolis, Edina, and Richfield.
Call us at 612-448-3898 or reach out here online to set up a free consultation.
Common Issues in Minnesota Special Needs Planning
Every child and their individual needs are unique, as are the financial means of their parents. Consequently, every special needs plan should be tailored to these circumstances. However, there are general elements which often feature in such plans, including:
The Parents’ Will
It is important for everyone to have a will; however, this is particularly imperative for the parents of a disabled child. This document deals with who will act as a child’s guardian in the event of their passing and provides the designated person with power of attorney over matters concerning healthcare and residency. Conservatorship is related to this, dealing with the power to manage financial affairs on behalf of the disabled child, regardless of their age.
Special Needs Trusts
Government programs that disabled adults may depend on often have limits on assets that qualified individuals may possess. But…assets in a trust do not count toward this limit. Testamentary trusts enable parents’ assets to bypass probate court and, thus, prevent their adult disabled child from losing eligibility for such programs. The administrator of the trust is responsible for managing the assets appropriately, ensuring compliance with asset limits, as well as distributing what is needed by the beneficiary.
529A Accounts
529A account were created in 2014 under the Achieving a Better Life Experience (ABLE) Act. This is a great way for an adult disabled child to save some money without violating the asset limits of programs on which they may depend. Up to a certain amount, contributions are exempt from both these limits and federal income taxes.
To learn more about this, and other issues, contact our Bloomington special needs planning attorneys by calling 612-448-3898 or by filling out our online contact form today.
Housing Planning
Depending on how much independence an adult disabled child can handle, they may be able to move out of the parental home. Section 8 vouchers are available to help with rent or living in a group home. However, the waiting lists for voucher programs can be extremely long. It is best to start the process while they are still teenagers if parents think independent living is possible down the line. Homeownership is also a possibility–parents can buy a house at any time and put the property into a special needs trust for use when the adult child is ready. The trust administrator will be responsible for overseeing it.
The Letter of Intent
A Letter of Intent is not a legally binding document but can be very useful to the person taking care of a disabled child. It should provide as much detail as possible about what is required for their daily care. For someone with a disability, continuity and security are especially important, and supplying the new guardian with the necessary information helps make this possible. The contact information of any professionals involved in the disabled child’s life (doctors, therapists, attorneys, etc.) should also be included in the letter.
Lifetime Care For Your Adult Children
Everything about the work our Bloomington special needs planning lawyers do is aimed at making the life of the disabled adult child better and giving their parents peace of mind that this will continue after the parents have passed on.
Contact Sandahl & Damhof today at 612-448-3898 or contact us online to arrange for a free consultation.
Why Our Clients Choose Us
Our mission is to become an essential, trusted partner in our clients’ lives. We achieve this by leveraging our experience, expertise, and tireless work ethic.
- Collaborative Approach We aim to be your trusted partner. We work together with our clients to find the best solution for them and their families.
- Individualized Guidance Our attorneys get to know you and your family to understand what options are right for you.
- Lasting Relationships Estate planning needs change throughout every stage of your life, and our team will be with you every step of the way.
Hear what it’s like working with our firm from our clients themselves!