When you are taking care of a loved one with special needs, you may be concerned about what will happen to them if something should happen to you. Fortunately, if you take the right precautions, you can help protect your loved ones and ensure their needs will be handled, even if you pass away. Here are five questions you should ask yourself if you have a loved one with special needs:
- Who will care for your loved one if you pass away or become incapacitated?
- One of the first things that most people will worry about when it comes to a loved one with special needs is figuring out who will care for them if you are no longer able to do so yourself. Often, this means setting up a special needs guardianship, which will ensure someone is watching over them even if you cannot. With this arrangement in place, the court can appoint a legal guardian to watch over them if you become incapacitated or pass away.
- Who will handle their financial affairs?
- Generally speaking, most people with special needs do not have the ability to manage their own finances. Thus, they will need someone who can watch over their bank accounts and other assets to ensure they are not stolen or mismanaged. For that reason, you should consider a special needs trust, which will allow you to appoint a trustee to handle their finances for them.
- How will they receive the medical care they need?
- Many people with special needs have medical issues that require constant care, or at least regular checkups with doctors and other medical professionals. This means that you need someone you can trust to make sure they will get to any appointments on time. Ordinarily, this would be their legal guardian, but if you become incapacitated, it may be left to someone else to handle that responsibility.
- Who can be contacted in case of an emergency?
- By the same token, you should make sure to have a list of emergency contacts that can be reached in the event that you suffer a serious illness or injury and can no longer care for your loved ones. These may be other family members, close friends, neighbors, or anyone else you trust with handling matters for you in an emergency. You should also make sure a list of these contacts, along with other important documents, are easily accessible, just in case.
- How will they access any government benefits they may be entitled to?
- People with special needs are often entitled to various government benefits to assist with their care. This includes things like Medicaid, Supplemental Security Income, and ABLE accounts, among other things. You should make sure these are set up to allow your loved one to access these benefits, even if you are no longer there to care for them.
The estate law attorneys at David J. Lorber & Associates, PLLC will work with you to create an estate plan that suits your needs, and help you to protect yourself and your loved ones. For comprehensive estate and elder law services in New York, call David J. Lorber & Associates, PLLC at (631) 750-0900 or contact us online to schedule a free consultation at our Setauket office.
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