Phoenix Special Needs Planning Lawyer

Caring for Phoenix Families - Call (602) 900-9860

If you are the caregiver for a loved one with special needs, you may be wondering how he or she will be taken care of in the event you are no longer able to do so. At Thies & Lihn, PLLC, our estate planning attorneys in Phoenix handle special needs planning matters. We recognize that this can be a complicated and emotionally-driven legal field to navigate through. This is why we ensure every one of our clients is provided with compassionate support and individualized counsel from start to finish.

It is never too late to begin planning for the future! Call our firm at (602) 900-9860 to request your free case evaluation.

Providing Helpful Counsel You Can Rely On

While you or other relatives can certainly provide money and assets, such a bequest may prevent them from qualifying for essential benefits under the Supplemental Security Income (SSI) and Medicaid (AHCCCS and ALTCS) programs. Public monetary benefits, however, provide for only bare necessities such as food, housing, and, in some cases, clothing. As you can imagine, these limited benefits will not provide your loved ones with the resources that may allow them to enjoy a richer quality of life.

If parents leave any assets to a child receiving means-based public benefits, they run the risk of disqualifying the child from continued eligibility for the benefits. Fortunately, Congress established rules allowing assets to be held in trust, called a “Special Needs” or “Supplemental Needs” Trust (SNT) for a recipient of SSI and/or Medicaid, as long as certain requirements are met.

By establishing a special needs trust, you can ensure that your loved one is taken care of in the event that you become unable to provide consistent care.

Funds in a special needs trust can be used for, among other things:

• Specialized medical equipment not covered by Medicaid
• Annual check-ups
• Special dietary needs
• Attendance of religious services
• Transportation
• Vehicle adaptations for accessibility
• Supplemental education and tutoring

We can help you establish a Special Needs Trust to protect means-based government benefit eligibility, while at the same time, providing assets that will meet the supplemental needs of the person with a disability (those that go beyond food, shelter, and the medical and long-term supports and services of Medicaid). The SNT can pay for these additional needs. In fact, the SNT must be designed specifically to supplement, not replace public benefits.

Parents should be aware that funds from the trust cannot be distributed directly to the disabled beneficiary. Instead, funds must be disbursed to third parties who provide goods and services for use and enjoyment by the disabled beneficiary.

Learn More Today by Calling (602) 900-9860

Don't leave your loved ones without the resources they need. SNTs are a critical component of your estate planning if you have any disabled beneficiaries. Our team of Phoenix special needs planning attorneys at Thies & Lihn, PLLC is backed by 30 years of experience, and can help you come up with a properly designed plan to protect your loved one with special needs now and in the future.

Call us at (602) 900-9860 for your free case review.