Special Needs

As parents of children or adults with special needs, we often find ourselves lost in thought about their future. We picture a world where they're safe, happy, and well-cared for, even when we're no longer around to guide them. But here's a hard truth that many of us have faced: sometimes, despite our best efforts, Plan A just doesn't pan out. 

Picture this: You've spent years imagining that when you pass, your child will be safe and secure in a specific group home. You've visited, you've planned, you've done the numbers.
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With all of the crazy things happening in the world right now, I am doing my best to look around and appreciate that we have moved into spring. The flowers on the hills and along the freeway entrance and exit ramps are almost a good excuse to go out and come back to fight the cabin fever without stopping anywhere or being in physically near anyone. The flowers in my yard must have known that we would be looking at them more this year – they are incredible.

Being socially distanced has thrown us all into extended spring cleaning. During that spring cleaning, don’t overlook the importance of a little “Spring Cleaning” for your legal and financial affairs, too.
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Caregivers, You’re Not Planning Just for Yourself

As a caregiver, you spend much of your time, money, and energy taking care of the needs of others. Those in southern California who have taken on the role of caregivers for ill or disabled spouses, aging parents, children, or other loved ones with special needs are amazing , giving and selfless individuals who too often do not stop to consider their own needs.

Your job as a caregiver is invaluable, but it may exact a heavy toll if you do not seek out the help of others. We want you to know that you are not alone: There are resources available throughout San Diego County that can make your job as a caregiver easier. It is important to seek out the emotional support of others, either family members or other caregivers, who can understand and empathize with both the rewards and the physical, emotional, and financial burdens associated with caregiving.

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National Healthcare Decisions Day is on April 16th, and it’s an important reminder for every San Diegan to begin having difficult conversations with loved ones about their most private wishes for medical and end-of-life care.

Far too many people assume that their families would make the choices they would want in an emergency. Yet everyday we hear stories of adult children, siblings or other relatives battling during a health care crisis over “what their loved one would have wanted” in that situation.

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Parenting isn’t always easy, and it’s even less so when your child has a disability. We all have dreams of our children reaching full independence, but sometimes, this just isn’t possible. Our children may have needs that go beyond what others require, special needs that demand specific planning in order to make sure that the child is well looked after once the parents are gone.

In a nutshell, special needs planning in San Diego is the legal and financial plan to take care of a child, often an adult child, whose disabilities require that they have scaffolding in place to live a full, healthy life. These children may have physical, mental, or both types of needs that require additional care. As adults, these children may not be able to live on their own or gain employment, for example, and will need a comprehensive plan in place to assure a secure future.

Special needs planning is something every parent of a child with disabilities must individually consider, as a “one-size-fits-all” approach is not likely to work. Public benefits preservation may or may not be a critical part of the plan for any particular person with disabilities. For others, establishing or preserving access to some of the unique services available only through public programs is essential. For example, a child may be in a wheelchair, but otherwise able to care for him or herself. This child may have great prospects, and as such, the plan may be relatively simple. There will be no need, say, for a conservatorship of this adult child, as he or she is mentally fit to handle his or her own affairs and should be able to find gainful employment.

In other cases, however, the child may not be able to handle all of the details of adult life. Securing safe housing, paying bills, finding employment, and other needs may be beyond the scope of the child’s capabilities. In cases like these, an estate planning attorney with experience planning in special needs planning can help the parents to formally define who will have control over the child’s assets and freedoms once the parents have passed away. A plan can also be put into place to safeguard a trust fund for the child to ensure a high quality of life. These plans utilizing what are know as supplemental needs trusts or special needs trusts can be designed with checks and balances to insure that the disabled child is protected and which reduce the burdens on other family members.
Another important aspect of special needs planning is determining the transition plan once the child reaches adulthood. Some adults with special needs remain with their families; others move into group housing for adults who need extra care, others can live independently with assistance. Any one of these choices may be right for your family, but determining what the future will hold for your child, and who gets to “call the shots” when you are gone, is a critical component of special needs planning.

An experienced estate planning attorney can also help assist you in determining exactly what your child may need in the future to ensure proper quality of care. Likewise, by formalizing the details of who will have responsibility for your child and how their finances will be maintained, you can eliminate a lot of stress after you have passed away. In some families everyone is too busy or scattered to be interested in helping; other families have people lining up to take care of their disabled family member, but either way, having these details determined in advance is your best bet for taking care of your special needs child over the long haul.

We, at the Weissler Law Group, are experienced in working with parents and siblings of individuals with special needs.  We are located in San Diego, California, close to Mission Valley Mall and Qualcomm Stadium.  Our goal is to help you help your family member get the help they needed to live well while minimizing the efforts required of other family members. Every week we work with families to preserve assets so that they can be used to improve family member’s quality of life instead of being dissipated by expense which could otherwise be paid for by public entitlement and benefit programs. For more information and help in providing for a disabled family member, call the Weissler Law Group at (619) 281-1888 to set a time to speak with an attorney with the answers and advise you need.