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Special Needs Planning

Planning for Special Needs Family Members

Parents of children or caretakers of loved ones who have disabilities or special needs face everyday challenges that very few people can truly comprehend. Raising a child is hard enough, but parents with children with special needs or parents who are taking care of a loved one with a disability may face challenges at school, suffer financial difficulty, or experience unfair representation in the law. It takes a strong support system to raise a child in what feels like an adverse environment.

In addition to taking care of your loved one in the present, we understand that you are just as concerned for their future when you may no longer able to provide for, care for, or protect them. Though you can provide their future with some sort of financial security through Social Security or Medicaid, such programs often only offer the bare necessities for survival. We know you want the absolute best quality of life for your loved one, so speaking to a New Jersey Elder Law attorney can help you establish benefits for your loved one to be entitled to in the future.

Special Needs Trusts

Special needs trusts are extremely helpful in special needs planning because it helps ensure that funds will go specifically to the care of your special needs loved one instead of to other parties. By speaking to an attorney, a special needs trust can be implemented in your special needs plan, so you will not have to worry that your loved one will not be taken care of in the event of your incapacitation or passing. Establishing a special needs trust can provide financial stability and support without removing the individual’s eligibility for government aid or benefits. Though special needs trusts are usually dispersed through third parties who then provide the funds to the disabled beneficiary, once receiving the funds, your loved one can then use and enjoy them without jeopardizing their governmental benefits.

We can help you through the process of advanced planning for your loved one’s future care by offering legal advice that is personalized to your family’s situation and we can share our resources and tools that help ease any challenges that you may face while planning for their future. Life can be unpredictable, and disasters or tragedy can strike at any moment. So, if you are caring for someone with special needs, we can shed light on the aspects involved in advanced special needs planning, such as:

If you enlist in our legal services, we will dedicate ourselves to understanding your family situation so that we can provide you with the most effective legal remedies and special needs plans to give you peace of mind and protect your beneficiaries in order to ensure a successful and happy future. The Elder Law Center at Shah & Associates, P.C. will help ensure your loved ones receive all the benefits that they possibly can. With our legal advice, your concern about your loved one’s longevity and financial security can become a hopeful one. Contact our firm or fill out a case evaluation.


Family Limited Partnerships

Gift Trusts for Family Members

Lifetime Family Trusts

Grantor Retained Annuity Trust

Charitable Remainder Trust

Private Foundations

Sale to Grantor Trust

Beneficiary Defective Trust