f you have a child, friend or other loved one who has a disability, you may take on responsibility for some or all of their special needs.
This role may include:
- Making medical decisions
- Making financial decisions
- Providing for the disabled person financially
- Providing part-time or full-time care for that person
- Serving as the legal guardian of the disabled person
Fulfilling any of these roles can be challenging, and if not handled properly you may end up accidentally jeopardizing benefits the disabled person is entitled to.
Daily Care of Someone with Special Needs
If you are a legal guardian of someone who has special needs you may need to plan for additional costs, including:
- Special equipment
- Physical Therapy
- Medical Care
The medical expenses related to someone who has special needs isn’t always covered by health insurance and these costs will most likely continue for the life of your loved one.
This requires special financial planning and understanding the benefits you and your family member are entitled to. Applying for Social Security and Medicare can be a long, difficult and frustrating process. If not handled correctly you may be denied for benefits you loved one is entitled to.
Estate Planning when a Family Member has Special Needs
If you are the parent of a child who has special needs you need to take this into account when creating your will a trust and other matters of estate planning. Some areas of consideration include:
- If the child will not be able to make decisions for themselves, who will become their legal guardian if you pass away
- How will you ensure that your child’s medical needs are covered after you pass away
- If your child is in a facility, how will the facility receive payment after you are gone
- How will handle your child’s finances after you pass away
These circumstances must be considered for the life of your child who has a disability and not just until your child reaches the age of 18. Without special planning your child may not be able to receive the care they need after your death.
Guardianship of a Child with Special Needs
If you are the friend or distant relative of a child who has special needs you may be in a situation where you need to apply for guardianship. Or if you are a parent of a person who is incapacitated or disabled after an accident, you may need to petition for the guardianship of your adult child.
These different circumstances can become complicated. Family members often disagree regarding what is best for the disabled person or the individual may believe they can care for themselves.
If all of these different situations you need to have an understanding of the laws protect those with disabilities and guardianship laws in New York.
New York Special Needs Planning Representation
If you find yourself in a situation where you need to help care for someone who has special needs or you are looking to apply for the guardianship of someone with a disability, we can help. The Law Offices of Barton Levine has experience with guardianship law and other special needs planning representation.