Since 2001, Desert Law Group has provided residents of Palm Springs, CA and the surrounding areas with special needs planning services. Our legal team is dedicated to client care and maintains the highest ethical standards. As the local area’s reliable and trusted source for special needs financial planning and a wide range of additional legal services, you can count on us to provide you with comprehensive and personalized legal support. Special needs planning is a unique area of estate planning service we provide. Anyone with a child or a family member with special needs has no doubt wondered how their child or family member would be cared for if the parents or the caregivers are unable to do so. That’s where special needs planning comes into the picture.
A special needs plan can take many forms and may cover many financial and care needs, depending on the condition and age of the child. Our special needs planning services focus on Limited Conservatorships and Special Needs Trusts to provide special needs children with conservatorship protections and financial oversight and assistance. A special needs planning attorney from Desert Law Group will work with you to help you determine the ins and outs of limited conservatorship and trusts.
A special needs trust allows you to pass money to the special needs child upon your death without affecting the child’s ability to qualify for government assistance or benefits like Supplemental Security Income (SSI) and Medi-Cal in California (or Medicaid in other states). The funds are held in trust and administered by a third party for the child’s care and expenses. Special needs trusts are a specialized form of trust that requires the help of an estate planning attorney to ensure they will function as you intend. The importance of creating a trust for your special needs family member cannot be stressed enough.
A special type of conservatorship called limited conservatorship allows a parent or guardian to continue to take care of and make financial decisions on behalf of their adult child. They are also sometimes called Adult Guardianships in some states. Under a conservatorship, a conservator is appointed by a judge to make legal, financial, and healthcare decisions on behalf of their special needs child. Conservatorships are essential for parents of special needs children because the law will often recognize the child as a capable adult once they turn 18, even if they can’t fully take care of and protect themselves. A conservatorship ensures the parents or a named truated person can legally make decisions for the adult special needs child.
Conservatorships can be created at any time, even after the child turns 18. The process can be complicated, requiring court appearances and plenty of legal paperwork, but it is the best way to avoid confrontations with care providers and institutions who may question your authority to make decisions on behalf of your adult child. We are happy to answer any questions about the conservatorship process. With decades of experience, you can trust us to expertly answer your questions and address any concerns regarding the conservatorship process.
When you partner with a special needs attorney from Desert Law Group, you can expect your attorney to devote themselves to you and your family as they help you plan for the future. Our attorneys are well-versed with the challenges that special needs children and their families face. Our attorneys are also highly familiarized with the wide range of resources available to assist them. When working with one of our special needs attorneys, you can expect prompt responses, compassionate representation, unparalleled knowledge of legal advice, and years of experience.
The team at Desert Law Group is determined to help our clients in Palm Springs and Coachella area to establish peace of mind. Special needs planning is an essential component of any estate plan for parents of children with special needs. It is the best way to ensure your child will receive the oversight, care, and financial support they will need after you have passed. Contact us today to learn more about special needs planning. We would be happy to walk you through the ins and outs of Medicare special needs plans.