Families who have a family member with a disability must plan for the future very carefully. How assets are left after your death can have a tremendous impact on the quality of life for that person. In the past, a Will may have been enough, but times have changed. To protect a person with special needs, a well-defined estate plan is vital. How A Special Needs Trust Works A Special Needs Trust allows a parent, grandparent, family member or guardian to provide funds for a disabled child without … [Read more...] about Planning for Loved Ones with Disabilities
Incapacity Planning
Confronting Medi-Cal Myths
When it comes to Medi-Cal planning, there’s a lot of misinformation that circulates. Here are a few common myths we have heard: Medicare will cover my nursing home expenses, so I don’t need to worry about Medi-Cal. This is not true – - Medicare only covers very few, limited long term care expenses. So, unless you have long-term care insurance or can afford to pay for your care out-of-pocket, you’ll need to find out about Medi-Cal and other public benefits. In order to qualify for … [Read more...] about Confronting Medi-Cal Myths
Special Needs Children and Social Security Benefits
Most families with children of special needs rely on Supplemental Security Income (SSI) benefits administered by the Social Security Administration to some extent to provide for the children after the parents pass away. For some families, this is the only plan that they have. However, proections by some suggest that the Social Security Trust Fund may run out of money. It may be time to make other plans. Parents of children with special needs can create Trust funds for their children that … [Read more...] about Special Needs Children and Social Security Benefits
The Top Three Other Documents Your Estate Plan Should Include
When you decide to proceed with the creation of an estate plan, an experienced and qualified estate planning attorney will inevitably discuss including other documents in your estate plan in addition to your Will or Trust. Your estate plan should, at a minimum, include three other documents. These are: Advance Health Care Directive: This important document allows you to appoint a health care agent and to make specific decisions regarding future medical treatments you want to receive if you … [Read more...] about The Top Three Other Documents Your Estate Plan Should Include
What You Need to Know about a Special (Supplemental) Needs Trust
A special needs trust, sometimes referred to as a supplemental needs trust, is a specific type of trust used to provide support for a special needs individual. This exceptional estate planning tool should be considered by anyone who has a child or loved one who qualifies. So what is a supplemental needs trust and why would I want to create one? A Special needs trust, or SNT, may be used for an individual who is physically or mentally disabled or who suffers from a chronic or acquired … [Read more...] about What You Need to Know about a Special (Supplemental) Needs Trust
Five Lesser Known Benefits of Good Estate Planning
Everyone knows that an estate plan can ensure your chosen beneficiaries receive the right inheritance. But did you know there are other benefits too? Here’s five things a good estate plan can for you. Protect Against Disability – No, your estate plan can’t prevent disability from striking but it can certainly ensure that you and your estate are protected if it happens. Using an Advanced Health Care Directive and General Durable Power of Attorney can ensure that your medical wishes are … [Read more...] about Five Lesser Known Benefits of Good Estate Planning
What’s a Living Will?
If you’re like most people, you’ve heard the term, “living will,” but have some questions about it. What is a living will? Why do I need one? Is it the same as a will? What’s it all matter anyway? In general, the term "living will" refers to a document in which a person can set forth his or her wishes relating to future medical care, in particular, end-of-life care. It is different than a Last Will and Testament wherein you set forth your instructions for your estate following your … [Read more...] about What’s a Living Will?
Our Available Services During COVID-19/Coronavirus Pandemic
The health and safety of our clients, staff, and friends of the law firm are top of mind amid concerns about the spread of the Coronavirus (COVID-19). As estate planning and elder law attorneys, our practice is dedicated to serving our most vulnerable citizens, including seniors, those who are ill, disabled, experiencing mental health challenges and children with special needs. The uncertainty around the pandemic has many people with immune system challenges concerned about exposure to the … [Read more...] about Our Available Services During COVID-19/Coronavirus Pandemic
Special Needs Children Need Special Planning
Think about all the details you know about your child and his or her life. As the parent of a child with special needs, there are some things that only you know. And, if you weren’t there, that information would be lost. What impact would that have on your child’s life? A care plan can ensure that all the important information about your child, down to the smallest detail, is communicated to his or her guardian or trustee. Often done in the form of a Letter of Intent, a care plan is simply … [Read more...] about Special Needs Children Need Special Planning
MYTH: Most People Have a Will and that’s All They Need
Both parts of the title to this article are a myth. First, most people don’t have a will. In fact, it’s estimated that only about half of all Americans have a will; even though, all need one. Second, a will is not all that anyone needs. A will only handles a few matters and is only effective when you’re dead. There’s much more to estate planning than that. For example, a will almost guarantees probate, except for modest estates. Probate is expensive, especially in California. Probate … [Read more...] about MYTH: Most People Have a Will and that’s All They Need