Posts Tagged ‘orange county special needs lawyer’
Monday, August 20th, 2012
There are a lot of considerations that need to be made when it comes to Orange County special needs planning, and you want to be sure you have an attorney who is well-versed in your options. All parents want to protect their children, and those with kids who have special needs sometimes find that they must take extra steps to make this happen. An Orange County special needs lawyer can help make this a reality.
There are a number of qualified special needs lawyers in Orange County, but you are likely looking for someone who seems to truly understand your specific situation. These days, a search for any sort of professional usually starts on the Internet. You can use your favorite search engine to find qualified special needs planning lawyers in the Orange County area. Another important resource is other families. It’s likely that you know of other families in similar circumstances, and their recommendations often mean more than a pretty web site or a great per-hour fee.
Once you have a list of candidates, it makes sense to do a little pre-interview. By asking each professional the same questions, you will have an apples-to-apples comparison when it comes time to make your choice.
Consider asking the following questions:
- How many years’ experience do you have in Special Needs Planning?
- What led you to this kind of work?
- What is your overall educational and professional background?
- How would you describe a Special Needs Trust and what it means for my family?
- What are your typical fees? Do you bill hourly or will I have the benefit of flat fees?
- Do you recommend any specific products, and if so, are you affiliated with those companies?
- Can you provide references of other families similar to mine who have used your Special Needs Planning services?
You’ll likely have other questions that are important to you. For example, are there specific considerations that come into play when it comes to your child’s particular disability? Are there other family members or caregivers that need to be involved in the planning process? What government and other resources are available, and how does your special needs planning affect eligibility?
Of course, the overall goal is to find someone knowledgeable who can guide you as you put your plan together. In the end, you should feel confident that you have created a plan that will protect and care for your special child when you are no longer able to do so yourself.
If you’re ready to talk with an experienced special needs attorney who can help you create a plan that protects your child and his or her future needs, please call our Newport Beach special needs attorneys at (949) 260-1400 and ask to schedule a Family Wealth Planning Session with the mention of this article.
Friday, October 22nd, 2010
By Darlynn Morgan- Orange County Special Needs Lawyer
As an Orange County special needs lawyer, I know families with special needs children have unique planning requirements. Unfortunately there are many misconceptions when it comes to securing the financial future your child deserves. Even well-meaning caregivers and service organizations don’t understand issues and give bad advice. It is really critical for these families to fully understand their options because these misconceptions can result in costly mistakes. Below are just a few.
COSTLY MISTAKE #1: Disinheriting your child to preserve government benefits.
Many children and adults with special needs rely on government benefits such as SSI and Medicaid for their basic needs (including health insurance). There are some who would suggest that you disinherit your child to protect his or her benefits. But government benefits provide only enough to secure food and shelter. So what happens after you become incapacitated or pass away? Will your child be able to maintain the life that you have so carefully crafted for them? Probably not.
If your child is likely to require government assistance to meet his or her basic needs, you should consider establishing a Special Needs Trust. If done properly, a Special Needs Trust can protect your child’s public benefits and help them maintain their lifestyle even after you are no longer there to support them.
COSTLY MISTAKE #2: Procrastination.
As an Orange County special needs lawyer, I can say it is critical that all parents with minor children do estate planning. You just never know when you might become incapacitated or die. But, it is even more critical that parents of special needs kids plan early. That is because a child without special needs will be able to work and provide for their own financial well-being when they become adults. However your special needs child may never be able to do that. Plan early because your failure to properly plan for them can never be undone.
COSTLY MISTAKE #3: Creating a “DIY” or generic special needs trust.
A Special Needs Trust must be created by a Orange County special needs lawyer who has expertise in this area of the law. It is possible to create a DIY or generic trust that can protect your child’s government benefits, but most likely they are not designed to meet your child’s particular needs. It is critical to design a trust that will ensure that your child’s specific requirements are considered. For example, your child may require, or greatly benefit from, special group programs, individualized physical therapy, or other things that a generic trust simply doesn’t address.
A properly drafted and funded Special Needs Trust can ensure that your child has sufficient assets to care for them in the way you plan throughout their lifetime. But be sure to see an experienced Orange County special needs lawyer and don’t rely on what others may be telling you.
Southern California Probate Attorney / Estate Planning Lawyer / Wills & Living Trusts Law Firm
Serving: Los Angeles, Orange County, Riverside, San Bernardino, San Diego & all of Southern California
The estate planning law firm of Morgan Law Group, apc serves all cities in Orange County, including: Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Capistrano Beach, Corona Del Mar, Costa Mesa, Coto de Caza, Cypress, Dana Point, as well as estate planning in Foothill Ravnch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, and estate planning and probate in Los Angeles, Mission Viejo, Newport Beach, and estate planning and probate law firm information in Orange, OC, Placentia, Rancho San Margarita, San Clemente, Santa Ana, Seal Beach, Tustin, Villa Park, Westminster, and Yorba Linda.