Why You Should Consider Working with a Minnesota Special Needs Planning Attorney

Aug 11, 2015 | Legal Services, Minnesota Estate Administration, Minnesota Estate Planning, Parents' Peace of Mind Planning, Special Needs Planning, Trusts

For parents with disabled children, whether minor or adult, it’s a good idea to take the extra step of meeting with a Minnesota special needs planning attorney.  This gives you the opportunity to set up the best possible scenario for your child if you are no longer able to provide care for him or her on your own.

For example, you will work with the special needs lawyer to determine how to set up funding for your child’s expenses after your death.  You will also use the opportunity to name guardians for your child (again, whether a minor or an adult who needs assistance).  You can also have a say in how the money will be used to care for your child.

By working with a special needs planning attorney in Minnesota, you have access to someone who is experienced when it comes to what kinds of choices you need to make for your child.  The lawyer can offer suggestions and advice on topics that you likely didn’t even know should be considered.

Because of experience in multiple areas, this professional can also help you to understand how an inheritance might affect government assistance that your child is eligible to receive.  Rather than risking your child’s income, it makes sense to work with a lawyer who is clear on the benefits available as well as how they can be affected under state and federal law.

An area that many people don’t realize they need to consider is how to protect the child from debts or lawsuits.  When the special needs planning lawyer helps you create the right kinds of trusts, they are also creating a way to protect your child’s money from others who might find a reason to go after it.  Imagine what would happen if your child lost the money you left behind for his or her care.  Instead of ending up in such a dire situation, your child needs to have income that can be depended upon for daily living, medical needs, etc.

An additional benefit of working with a special needs planning attorney is his or her ability to help you choose and educate the trustee.  A qualified estate planning lawyer will be able to guide the person you’ve chosen when it comes to managing the assets of a trust left behind to care for your special needs child.  Your choice of trustee is an incredibly important one, as your child will rely on this person to make good decisions.  The special needs planning lawyer will offer advice and guidance in how to select someone who is both savvy and trustworthy to fill this role.