Special Needs and Disabled – Benefits Or Medical Care Can Be Denied Without an Estate Plan and Trust

Realizing a major injury from a vehicular accident or personal injury is always a tragedy and sobering. Unfortunately, many individuals have not been lucky enough to walk away from these types of accidents. For these victims, the harsh reality of life can often be cruel. With the new turn of events and now having to deal with a disability in some form or another, it is imperative for experienced legal special planning.

Parents of newborns with special needs and those special needs individuals, often have insurmountable challenges to adapt to or overcome. Many parents and families do adapt out of necessity, but what of a person who has, for all intense and purposes, led an average everyday life only to have the future forever changed by an unforeseen car accident?

While the individual may or may not be completely cognizant of the drastic change in their life, the family members and friends fully realize the difference between what was and what is. Now is not the time to be floundering about trying to do what is best. Many doctors and hospitals can provide basic information on what medical care is available to best manage the care of the special needs or disabled individual.

Medical care is just the half of the concerns. Of course the present is the immediate priority. After the dust has settled, the family along with the special needs individual needs to contact a qualified and experienced lawyer specializing in special needs estate planning, trusts, and wills. Unfortunately the average individual or family fails to plan sufficiently for the future and after the parents or spouse has passed away.

Without a proper estate plan and living will, one can only expect a mediocre level of care for the special needs or disabled individual left behind. The courts will begin the probate procedures. While proper care would be provided in a perfect world, government programs and subsidies are designed to just meet the minimum basic medical needs. Other programs exist to provide shelter and other necessities, however, there is a catch.

Should the special needs individual stand to gain more than $2000 from an inheritance or lawsuit, the individual will lose their supplemental security income (SSI) and Medicaid. By setting up a trust, the individual will be allowed to receive continued government assistance and have use of the inheritance or lawsuit winnings.

Laws governing the rights and benefits of special needs and disabled persons are constantly being amended every year. While the majority of these laws are passed by the federal government and therefore apply to all states, individual states may have additional mandates and laws. It is strongly recommended not to solely rely on medical professionals and government employees for information and guidance, but the experience of a well experienced attorney or law firm.

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