Tag: special needs

How To Plan Your Florida Estate For A Loved One With Autism

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Do you have a loved one with autism?  Planning for the future of your loved one is not a task to take lightly, or to begin without careful planning. The specific needs of autistic individuals can vary greatly depending on the severity of their autism and many people with autism need assistance throughout their entire lives. 

We firmly believe that the key to planning for a loved one with autism is to begin early. When caring for your loved one with autism as either the parent, grandparent, or sibling, part of your role is to make sure there is a solid legal, financial and medical foundation in place. 

In our firm we work with the families of autistic loved ones and the challenges they face each and every day. We know it can be hard to start planning ahead for the future. And we know this type of estate planning is hard and it is definitely hard to think about a time when you may not be here to provide care yourself. We would like to help you start this process by answering some questions we often hear in regard to planning for your autistic loved one.

  1. Will I always have the authority to make decisions for my autistic child?  No, not without planning. When a minor with autism reaches the age of majority in Florida, he or she becomes a legal adult. Even if his or her developmental, cognitive or mental disabilities are severe, in the eyes of the law your child will be deemed an adult. Without planning, you will lose your legal authority. 
  2. My autistic loved one cannot safely make decisions at this time, what can I do?  We encourage you to start making a list of what your autistic loved one can and cannot do.  This list should also include medical, educational, financial, legal and vocational decisions and information. In addition, be sure to carefully assess his or her abilities to make rational decisions, choices related to self-care and to be able to communicate for him or herself. This is the starting point of what you will share with your Florida estate planning attorney as you begin to think about the authority you need as a part of the guardianship process.
  3. Is it possible for the Florida court to consider a less restrictive guardianship since my loved one can make some decisions?  Yes, the court can. The key to guardianship is ensuring that your loved one is safe. Although you may be tempted not to proceed to obtain guardianship over your autistic child, we would encourage you to talk to your Florida estate planning attorney first. You do not want to be in the situation in the future where a decision needs to be made that requires legal authority, and you do not have it.
  4. Do I need a backup guardian?  Yes, you should definitely discuss with your Florida attorney who can take over your guardianship role when/if you can no longer handle the responsibility. With your Florida attorney, you can create the legal documents you need together with a letter of intent. This letter is a document that will act as a roadmap for guardians and trustees to navigate medical, financial and legal decisions once you are no longer able to act.
  5. What is a special needs trust?  There are different types of special needs trusts you can create for an autistic person. A key benefit of special needs trust planning is it allows the disabled person to not lose access to key government benefits, such as Medicaid and Supplemental Security Income (SSI).  If your autistic loved one inherits directly, without a special needs trust in place, your loved one could be at risk of losing his or her benefits until the money received is spent down on his or her care.

The basic principle to follow in planning for a loved one with autism is to ensure he or she has enough support throughout the remainder of his or her life. Ensuring your loved one is taken care of, even when you can no longer be there to assist, is critical. Do not wait for a crisis to plan forward with your Florida estate planning attorney.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Planning for a Loved One with Special Needs in Florida During National Special Needs Planning Month

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Do you have a loved one in your family who has a disability? There are many legal considerations you need to discuss with your Florida estate planning attorney if your Florida estate plan needs to include special needs planning for someone who may need more assistance to manage his or her disability. While we know that it may be easier to avoid this estate planning topic due to the potentially difficult future it forces you to face, you simply cannot wait to complete this planning. Instead, you need to be proactive and plan ahead for the long-term future of your loved one with special needs.

One of the biggest issues we see in our practice is that when someone with a disability reaches the age of majority, there are many changes that can take place that the family is often not prepared for. As an example, did you know that if the person with the disability is extremely high on the spectrum or can barely function for him- or herself, a parent no longer has the legal right to make decisions? Without the proper Florida estate planning in place, even your loved one with a significant developmental, cognitive or mental health disability is legally permitted to make decisions at the age of majority.

What should you do as a parent or grandparent of a disabled family member? Plan ahead with an experienced Florida estate planning attorney! After all, for years, you have spoken to the school, to banks, financial institutions, doctors, specialists and so many more for this individual. It does not have to stop, but you do need the legal authority to act. If your disabled family member does not have the requisite capacity to make Florida advanced directives, such as powers of attorney or health care planning documents, you may need to consider creating a guardianship or engage in the guardian advocacy process.

As a guardian of the person and property, or as the guardian advocate, you will be able to maintain the authority to make legal decisions for your special needs loved one. The process of deciding whether or not guardianship is necessary can be difficult. Before speaking with your attorney, evaluate your loved one’s medical, educational, financial, and vocational decision-making skills. In this situation, your loved one may be able to retain specific control over some aspects of his or her life, but you, as the guardian, maintain the rest.

Your attorney with specific expertise in this area can be especially helpful for guidance and decision-making. Your attorney will not only help you with the advanced directives or the guardianship but work with you to ensure that your Florida estate planning is comprehensive and up-to-date. You need to ensure your legacy will provide for your loved one with disabilities should something happen to you. Planning ahead for a future when you are no longer here is extremely important. You do not want the person with disabilities to be left to his or her own defenses, or let the court make decisions through the intestacy process in the probate court.

A special needs trust can be set up for people with disabilities to ensure that money will be available for a person with autism throughout his or her lifetime. It can be used for a special needs beneficiary while not interrupting his or her ability to receive public benefits, such as Medicaid or Supplemental Security Income. We can help you both understand this process and complete the Florida estate planning you need.

You know as well as we do that people with disabilities deserve the best planning possible. The key to success with all Florida estate planning is to prepare and take action early. We encourage you to contact our office now, or anytime throughout the year, to schedule an appointment and start planning.