Special Needs Planning
Southern Illinois Special Needs Planning Attorneys
SI Elder Law is committed to protecting your loved one’s benefits.
Disability Planning for Yourself
Everyone over the age of 18 should have a Power of Attorney for Health Care and a Power of Attorney for Property. A Disability can be either a physical disability or a mental disability. In both circumstances, the person with the disability may need the help of other people to pay bills, or to make medical decisions for them. In order for another person to have the legal authority to provide that help, they should have validly executed durable powers of attorney. The Illinois statutes set out a Statutory short form power of attorney but this short form does not give the agent enough powers to effectuate an elder plan to avoid paying the high cost of long term care. SI Elder Law takes the Statutory Short Form Powers of Attorney and empowers the agent to do all of the necessary things to accomplish an elder plan.
Special Needs Planning
If you have a loved one who is disabled and receiving Social Security and/or Medicaid, leaving them as a beneficiary of your will could potentially kick them off benefits. Our team performs special needs planning to protect a disabled person’s inheritance or settlement. It is best to plan before death for your disabled son or daughter. However, an inheritance can still be protected if done correctly after death.
Disability Planning for Others
If you have a special needs child or grandchild you must become aware that leaving the disabled child money outright or in cash will disqualify that child for any government benefits that they could receive. SI Elder Law can create a special needs trust that will allow them to receive an inheritance and still receive government benefits.
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Adult Guardianships
SI Elder Law also administers Adult Guardianships. This legal tool is needed when a disabled adult does not have the capacity to execute a Power of Attorney or make wise decisions. A guardian is able to perform all financial transactions and make medical decisions for the adult. This is a process through the court system where the courthouse requires annual accounting. This process can be very draining on a loved one’s finances and often limits the type of planning that we can do; however, a guardianship is often necessary.