Classification and education are important initial steps, but it is also vital to think ahead to your child's future. Once a person turns 18, the parent loses all legal authority to make decisions for their adult child. This is true even if the individual in question is disabled. To avoid this, many parents choose to petition their state for legal guardianship of their disabled adult child. Once attained, guardianship allows the guardian to make legal, educational, and medical decisions for their child or other disabled person. It is important to seek this legal right in order to ensure the safety and well being of your loved one.
The Law Offices of Sandra L. Lascari, LLC also specializes in assisting clients in setting up ABLE Accounts.
Millions of individuals with disabilities and their families depend on a wide variety of benefits for supplemental income, health care and food and housing assistance. Eligibility for these public benefits (SSI, SNAP, and Medicaid) require meeting a means or resource test that limits eligibility to individuals to report more that $2,000 in cash savings, retirements funds and other items of significant value. To remain eligible for these public benefits, an individual must remain poor. The ABLE Act recognizes the extra and significant costs of living with a disability. These include costs related to raising a child with significant disabilities or a working age adult with disabilities, for affordable housing and transportation, personal assistance services, assistive technology and health care not covered by insurance, Medicaid and other public benefits. The legislation explains further that an ABLE account will, with private savings, "secure supplement, but not supplant, benefits provided through private insurance, Medicaid, SSI, the beneficiary's employment and other sources."
Wills & Special Needs Trusts
The Law Offices of Sandra L. Lascari, LLC is also able to help with the creation of wills, trusts, and other estate matters. When preparing a will, careful planning is essential to ensure that family members are protected, that assets are not needlessly depleted, and that tax exposure is minimized. Consideration must be given to ensuring eligibility, both now and in the future, for services and benefits. Special Needs Trusts and other legal arrangements are often needed to assure a secure and comfortable future for your loved ones.