Medicaid and SSI are needs-based programs with strict income and asset limits. Without proper planning, inheritances or gifts could disqualify an individual with special needs from these critical benefits. Special needs planning uses legal strategies to preserve eligibility while still providing financial resources for your loved one. This includes establishing special needs trusts that don’t count toward Medicaid or SSI asset limits, structuring inheritances appropriately, coordinating life insurance beneficiary designations, and ensuring that estate planning documents don’t inadvertently disqualify the individual from benefits. Our attorneys have help navigate the complex rules governing these programs and can help families maintain benefits eligibility while maximizing available resources for care and quality of life.

Yes, Attorney Chauncey can serve as guardian for special needs clients when appropriate. This service is particularly valuable for families who may not have a suitable family member to serve as guardian, or who prefer professional guardianship to ensure consistent, knowledgeable advocacy. As a professional guardian, we provide ongoing decision-making support, advocacy for appropriate services, coordination with medical and educational professionals, and management of legal and financial matters. We also assist families in establishing guardianship arrangements, whether appointing a family member, professional guardian, or co-guardianship structure. Our  guardianship services ensure that individuals with special needs have a dedicated advocate protecting their interests and ensuring they receive appropriate care and support throughout their lives.

A Letter of Intent is a detailed, non-legal document that provides essential information and guidance to future caregivers about your loved one with special needs. While not legally binding, it serves as an invaluable resource for guardians, trustees, and caregivers who will be responsible for your loved one’s care after you’re gone. The letter typically includes information about daily routines and preferences, medical history and current healthcare needs, educational background and abilities, behavioral characteristics and effective management strategies, social relationships and important connections, religious and cultural preferences, and hopes and dreams for the future. This document ensures continuity of care and helps future caregivers understand your loved one’s unique needs, preferences, and personality. Our attorneys help families create comprehensive Letters of Intent that provide clear guidance and preserve the quality of care your loved one receives.

When a child with special needs reaches age 18, they are legally considered an adult, which creates important planning considerations. At this transition point, parents lose automatic legal authority to make decisions or access information about their adult child, even if the child lacks capacity to make informed decisions. This requires establishing adult guardianship if the individual lacks capacity to make important decisions, setting up healthcare proxies and HIPAA authorizations, creating financial management structures, applying for adult disability benefits (SSI/SSDI), transitioning from pediatric to adult medical care, and planning for post-secondary education or vocational services. Our attorneys help families navigate this critical transition, ensuring continuity of care and appropriate legal authority to continue supporting and protecting their loved one. We assist with guardianship proceedings, benefit applications, and the legal documents necessary to maintain parental involvement in an adult child’s care.