Often, when a child with special needs (Down’s syndrome, Autism, or other developmental disabilities) becomes an adult, the parents face a situation where their non-verbal or low functioning child is 18 years old, and they (the parents) are unable to protect their child and no longer have a voice in any decisions for their child. Once a child reaches age 18, the child is presumed to have decision-making capacity and the parents’ legal authority ends.
Parents of children with special needs have various options, each with advantages and disadvantages depending on the situation, to establish a new legal authority to continue making important decisions for the child.
Call (305) 402-4494(305) 402-4494 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
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Establishing legal guardianship allows you to assume responsibility for the care of a loved one when he/she can no longer do it for themselves or has some limitations in caring for himself/herself (financially, medically, etc.). It also can apply to minor children or special needs children.
Guardianship is designed to protect incapacitated persons' rights and welfare and safeguard their assets. It can be a complicated process that an experienced attorney best performs. Contact us to tell us about your situation
Estate planning for families who have a loved one with a disability or special needs can present various challenges. Whether you are looking to secure federal or state-based benefits, arrange for long-term care, or to ensure that you do not otherwise disinherit a loved one, DJ Legal Group can help you plan for the future needs of your family. Individuals with special needs are often the recipients of government-based benefits such as SSI and Medicaid but may jeopardize those benefits when they receive a sizable inheritance or settlement. DJ Legal Group can help customize an estate plan, using various tools to provide long-term care and financial stability.
A special needs trust is established by a settlor of trust to deliver financial benefits to someone who suffers from a physical or mental handicap. The key benefit of a special needs trust is that it is designed in such a way as to preserve the beneficiary’s eligibility for public assistance. When the beneficiary receives assistance from the trust, the assets in the trust are not counted in the beneficiary’s gross income. This allows the beneficiary to maintain eligibility for additional public benefits. Many public assistance programs have income restrictions or limits; the special needs trust works around this problem.
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If these things are what you are looking for in a law firm, then contact us to see how we can help you and your family.
We help families in Miami, Hileah, Kendall, Miami Beach, Westchester and Dade County locally and outside of Florida when issues need to be handled for a family member’s estate within the state of Florida.
Locally, clients come to us from Coconut Grove, Pinecrest, Wynwood, Key Biscayne, Star Island, Hibiscus Island, The Venetian Islands, North Beach, Miami Beach, Coral Gables, Fisher Island and Miami-Dade County.
We welcome your questions and want to understand your situation to help you move forward and achieve the peace of mind that comes with having everything done properly and efficiently. Call our law office at (305) 402-4494(305) 402-4494 with questions, a description of your situation to see if we can assist, or to schedule a consultation. Or you may simply fill out the form above on this page. Your form will be directly emailed to our office, and you can expect a reply within one business day and often within hours the same day. All information you share is confidential.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.