Two Common Special Needs Planning Considerations For Parents In Orange County

A special needs planning attorney in Orange County needs to be well-versed in a variety of topics.  After all, each and every special needs situation is unique.  That’s part of what makes it special!  Families who are involved in special needs planning for their children or other loved ones have a variety of questions and concerns, and the attorney is a great place to move from those basic answers into more specifics that fit your circumstance.

When getting started with special needs planning, it’s a good idea to review some of the basics, however, so that you get your mind into the right gear.  Having considered some of these topics before meeting with your special needs lawyer in Orange County will also save you time and money later, as you will arrive more prepared and ready to make the important decisions.

Guardians for Your Special Needs Child

One of the first things that a parent will want to consider is who will be appointed as a guardian to the child.  This is the type of decision that is best made as early as possible, because in the case of your unforeseen death without a named guardian, the decision would go to the courts, who may not have the same opinions as you would.

Guardians aren’t just appointed for minor children, either.  If your adult child is unable to make decisions that are in his or her own best interest, then a guardian needs to be selected to make these choices for him or her.  Many people are surprised to learn that once a child reaches 18, the parent is no longer his or her legal guardian.  The parent may actually need to apply for this legal standing.  It is also important to remember that as you age or pass away, your child may still require a significant amount of care.  This means that it is of utmost importance to select a guardian should you become incapacitated.

Setting Up a Trust For A Loved One with Special Needs

It’s quite possible that you would like to set up a trust in order to continue caring for your child or other loved one after you have passed away.  In considering this, definitely work with a special needs planning attorney here in Orange County.  He or she can help you determine if a trust is the right way to go, as sometimes they can interfere with other types of government support that your loved one would otherwise qualify to receive.  There may be specific special needs trusts that can be created to work in conjunction with other types of support.

Have additional questions about special needs planning or how to put the right legal and financial structures around your child?   Give our Newport Beach trusts and estates law firm a call at (949) 260-1400 and ask to schedule a Family Wealth Planning Session with the mention of this article (limited to first 10 callers per month).

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