Areas of Practice

Special Needs Trusts

Special Needs Planning
As experienced estate planning lawyers, William K. Root, David Resch and Erin Ritzert help clients establish special trusts that hold assets for the benefit of a disabled family member, without jeopardizing necessary government benefits.

Physical or mental disabilities can create significant challenges for disabled children, disabled adults and their families. In addition to emotional and developmental challenges, families face burdensome medical expenses, assisted care needs and other special needs throughout life. Government benefits are essential to the physical, financial and emotional well being of disabled individuals and their families. While estate planning is critical for any family, it is a necessity for families with special needs.

Planning for Future Needs

Planning for a family member with special needs requires a parent to be able to set aside assets in a trust that will not be counted as a resource by the state when considering the disabled person's eligibility for Medicaid. The attorneys at Resch and Root  help clients establish "special needs trusts" suited to the individual circumstances of the disabled person, to protect personal assets for future use and to enhance his or her quality of life.

Guardianships

When a special needs child reaches the age of 18, a guardianship can be obtained through a court process, whereby a guardian is given the authority to make decisions affecting the care and maintenance of the disabled person. The attorneys at Resch and Root  are experienced at assisting families through the court process to establish the proper type of guardianship for their circumstances.

Powers of Attorney

Not all special needs adults require a guardianship. For those disabled adults who are capable of managing their personal affairs with assistance, financial and health care powers of attorney may be granted to name parents or trusted individuals as agents to participate in decision making.

When establishing an estate plan that impacts a disabled minor or adult child, careful consideration must be made. Depending on the situation, various estate planning strategies may be combined to provide flexibility and a tailored approach to meet specific needs. The attorneys at Resch and Root  have the experience, compassion and comprehensive knowledge to provide clients with the guidance necessary in special needs planning.

To discuss your specific needs, call 1-614-760-1801