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LeRoy Peterson Law

Elder Law, Estate Planning, and Probate Law Firm

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Caring For a Special Needs Child

Parents and grandparents of a special needs child should plan carefully for unique circumstances

Caring For Your Child After You Pass

As a parent, you want to protect your child, even when you may not be around. Make sure to care for them in the event of your death as well. If your child is a minor, you will need to designate a new Caregiver and provide this person with the authority to make decisions for your child on his behalf. Additionally, you will need to establish a Special Needs Trust and name a Trustee who will control and distribute your child’s inheritance for his care and well-being.

Passing Inheritance to the Child

Depending on the capacity of the child, it is likely she cannot directly inherit monetary gifts. But she could receive the benefit of your gift through a Trust. However, you want to ensure that your gift does not jeopardize any government assistance she may be receiving. In this case, you should set up a Special Needs Trust to provide for her.

Celebrating the Child’s 19th Birthday

The day your special needs child turns 19, he becomes an adult. If he still requires your care, you need to be appointed his guardian. Authority over an adult child does not automatically happen – parents must be legally appointed a Guardian. A Guardianship Proceeding is required to remain his primary caretaker and make decisions on his behalf.

CALL US TODAY TO GET YOUR DOCUMENTS IN ORDER: 402.718.8888

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Plan for Tomorrow…Today

LeRoy Peterson

The greatest gift you can give to your loved ones is a comprehensive Estate Plan. When life gets altered with a poor health diagnosis or a death, the last thing your family should worry about is your estate, how assets will be protected, and how to financially cover these unexpected changes. Let’s work together to create the powerful documents that will make things easier when bad things happen.

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