If you have a child or parent incapable of taking care of themselves due to a medical condition, injury, disability, mental illness, degenerative disease such as Alzheimer’s or substance abuse, our experienced Miami attorneys can guide you in the inclusion of special needs planning as part of your estate plan.
If family members do not make provisions for the supervision, care and security of the person with special needs, it will be left to the courts to make important decisions regarding guardianship, trustees and the distribution of assets.
Our Approach
We advise having special needs planning in place as soon as possible to avoid important decisions being made for the individual with disabilities by government agencies, the state and the courts.
A special needs trust for a person with disabilities, prepared by our experienced lawyers, can preserve government benefits and avoid the loss of assets intended for the disabled person. It can provide for the individual throughout his/her lifetime.
We will assist in the selection of a trustee, who will manage the trust established for the individual.
Preparation should be made for when a disabled child reaches 18, the age at which he/she becomes an emancipated adult under the law. Without prior planning, parents no longer have legal authority on behalf of an 18-year-old child, regardless of his/her special needs. We help parents weigh their legal options pertaining to guardianship and less restrictive alternatives, and implement necessary planning to enable them to continue to provide the appropriate care and supervision for their child.
Special Needs Trusts for Settlements
We provide the documents you need to help manage receiving any settlements, and still qualifying for benefits.
Special Needs Divorce Consulting
When a couple divorces, it is important to consider the financial needs of a child with special needs. There is a need to address items such as therapies, respite care, nonprescription costs of vitamins and other dietary needs, assistive devices, customized transportation and endless items that children with special needs require. We can assist you or your divorce attorney to properly plan for the future of your child’s special needs.
Meet With Our Attorneys For Answers To Your Special Needs Questions
For more information or to schedule a consultation with a Miami special needs attorney at the Law Offices of Frye, Fortich & Garcia, P.L., call 305-931-3200 or fill complete our online contact form.
From our offices in Miami, we provide estate planning, asset protection and probate services for individuals and families in Miami-Dade County, Broward County and communities throughout South Florida.
