Rochester Special Needs Attorneys

Disability & Special Needs Planning

 

A number of our clients have family members with special needs. We have worked extensively with families to establish supplemental needs trusts and special needs trusts. These types of trusts can be used to allow an individual who is receiving social security disability, Medicare, or other governmental benefits, to receive an inheritance or other significant sum of money without disrupting his or her benefit eligibility. We design and integrate these trusts within the family’s estate plan to ensure that the trusts are fully funded and qualified. This allows the disabled individual to continue to receive governmental benefits while still having access to the trust funds for supplemental expenses.

In some instances, we assist families with establishing a guardianship or conservatorship for a minor child or a disabled individual. If possible, we try to assist our clients in planning against the need for a guardianship or conservatorship through use of a health care directive (a combination of a health care power of attorney and living will) and a financial power of attorney. A health care directive is a document by which an individual appoints a health care agent (or health care personal representative) to access his or her medical records and make medical decisions on his or her behalf. Similarly, a financial power of attorney document allows an individual to appoint an attorney-in-fact to manage his or her financial affairs, if necessary.

However, without proper planning, sometimes a full guardianship and conservatorship become necessary. A guardian is an individual appointed to ensure the physical well-being of a disabled or incapacitated individual, or a minor child. Guardianships are established through a Court process for individuals who are unable to care for their own physical needs or make decisions for themselves. Similar to guardianships, conservatorships are also established through a Court process, often along with a guardianship. They are created for individuals who are unable to manage their own finances. A conservator is an individual appointed to manage the financial affairs of a disabled or incapacitated individual or a minor child. At Davis Law Firm, once a guardianship or conservatorship has been established, we continue to work with the appointed guardian or conservator as necessary to comply with the Court’s annual reporting requirements.

 

Contact Us



Davis Law Firm, P.A.
3006 Allegro Park Lane SW, Suite 3
Rochester, MN 55902

Phone: 507-424-6330
Fax: 507-424-6332