Special Needs

A World of Possibilities!

We know that an unexpected diagnosis can throw your whole world into flux. Consider that it is your unborn or newborn child who receives the unexpected diagnosis. There is an added level of helplessness for families grasping to learn how to navigate a new world…

…an unexpected, but surprising and joyful journey.

Preparing for the Future

Childhood transitions to adulthood can be overwhelming. You think through of every facet of planning to set your loved one up for success.

We can minimize the stress, worry, and frustration, so you can have a sense of peace. You’ll know that you have set the wheels in motion to prepare for your loved one’s future.

Special Needs Planning

Special Needs planning focuses on putting the supports in place to set families up for long range success. Looking beyond tomorrow provides perspective and long-range planning ideas for families to visualize the basic needs of their child.

Each stage is considered from school age, into young adulthood, and the twilight years. Determining who will provide what support at what times will help identify gaps so that families can provide critical resources.

Special Needs Trusts

Special Needs Trusts and Supplemental Needs Trusts provide the framework to allow a person with a disability the opportunity to save money while still remaining eligible for government benefits. This “safe harbor” supplements governmental benefits.

These Trusts may also provide an opportunity to have meaningful experiences where the costs would not otherwise be covered by governmental benefits. Depending on the needs of the family, a Special Needs Trust, a Supplemental Needs Trust, or an ABLE account may be appropriate. Each vehicle has its own particular characteristics, pay back provisions, and requirements for the use of the funds.

Guardianships

Guardianships are generally used for persons who lack the capacity to govern themselves and their own affairs. Depending on the capacity of your loved one with a disability, either a Power of Attorney with Supported Decision Making plans in place or a Guardianship will be appropriate.

Guardianships may be for the person or the estate, full or limited, and temporary or permanent, depending on the needs of the individual. Proper planning will ensure continuity of care, a level of autonomy, and dignity for your loved one.

Special Needs Attorney

At Bercik Law, we have an experienced special needs attorney, Julie A Kennedy, Esq.

Ms. Kennedy brings that same level of care and focus to her clients when assisting them through the process of planning for the future with the development of an Estate Plan, Special Needs Trust, or Guardianship that fits her client’s and their family’s particular needs.

Depending on the family dynamics, needs of the child, and the expectations for the future, Ms. Kennedy’s focus remains on putting the supports in place to set the family up for success. Proper planning will ensure continuity of care, a level of autonomy, and dignity for your loved one.

Bercik Law combines decades of experience with a wide range of estate planning and litigation matters, including will contests, breach of fiduciary duties, contested administrations, accountings and guardianship disputes.

Involved in a dispute? Please tell us more, we are here to listen…

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