Parents of adult children with special needs understandably worry about what will happen to their adult children after they pass away. Many people with disabilities receive government benefits, such as SSI, SSDI, and Medicaid, which are very important to their quality of life. If parents leave money directly to their adult child with disabilities the adult child will likely lose their government benefits. The way to solve this dilemma is to create a special needs trust. (more…)
Disability
There are many ways the legal system can help families with the issue of disability. In some cases guardianships may be appropriate. We can effectively represent the family or the person with disabilities through the guardianship process. There are state and federal programs that provide benefits for people with disabilities. We can help you navigate through the very complex application and appeals processes for these services. Once people with disabilities receive benefits it is often very important that they keep these benefits. Special estate planning tools, such as special needs trusts, can be used to insure the continuation of benefits.
Special Needs Trusts
Wednesday, January 18th, 2012Why should you have a General Power of Attorney?
Tuesday, April 12th, 2011If you are not available to act for yourself, either because of geography or disability, it can create problems for your family. A General Power of Attorney allows a person to act on your behalf either 1) immediately or 2) when you become disabled.
If you work overseas it can be very useful to have a General Power of Attorney that is in place immediately. If you become injured or disabled and can no longer communicate your wishes it is critical that you have a General Power of Attorney so that your agent can act on your behalf.
For example, if you have designated your spouse as your agent and you have a severe stroke, your spouse can act on your behalf and manage your affairs as you recover. Things will run much more smoothly for your family if you have a General Power of Attorney in place. If you do not have a General Power of Attorney your spouse may have to seek a guardianship of you in order to manage your affairs. Seeking a guardianship takes longer and costs much more that having a General Power of Attorney.
There are some risks associated with having a General Power of Attorney. It is very important to select someone that you trust as your agent. Be careful that you do not designate someone who has financial or addiction problems as your agent.
Call us for a free consultation. We would be happy to answer any questions you have about General Powers of Attorney.
How much does it cost to become a guardian?
Tuesday, July 27th, 2010The filing fee you pay to the court to start guardianship proceedings is $360. You will be required to take a guardianship test, but there is no charge for this test.
If you decide to hire an attorney, you will need to pay the above fees and the attorney’s hourly rate. At Preston, Pence & Lisonbee we charge a low hourly rate and we offer several different service delivery options to stretch your litigation budget.
After you become a guardian you will be required to file annual reports, but there is no charge for filing these reports.
Guardianships
Tuesday, June 15th, 2010When a person is incapacitated and cannot make decisions on their own, a loved one can seek to have the court appoint them as a guardian to make decisions for the incapacitated person, called a “ward.” When there is a guardianship the ward loses certain rights, so the law requires that a hearing be held before a guardianship will be granted.
Please note, nothing in this site is intended to establish an attorney-client relationship. The information shared here is just to help you get going. You should follow-up with an attorney to find out more information or to learn how the information found here applies to your situation.
