
How does estate planning protect the disabled and their family?
Proper estate planning
allows you to plan for yourself and your loved ones without giving up
control of your affairs. Your estate plan should allow you to plan for
the possibility of your own disability. It should give what you own to
whom you want to receive it, the way you want them to receive it, and
when you want them to receive it. Your estate plan should save every
tax dollar, professional fee, and court costs that are legally possible
to save.
A Special Needs Trust is a special trust that holds title to
property for the benefit of a child or adult who has a disability. The
Special Needs Trust can be used to provide for the needs of a disabled
person and supplement benefits received from various governmental
assistance programs, including SSI and Medi-Cal. A trust can hold cash,
real property, personal property and can be the beneficiary of life
insurance policies. (Click on title for more information)
A Limited Conservatorship is a court proceeding whereby an
individual or agency is appointed to be responsible for a
developmentally disabled adult. These conservatorships are "limited"
because the developmentally disabled adult retains the power to care for
her or himself and/or manage her or his financial resources to the
extent that the court finds that she or he is able to do so. The limited
conservator cares for and controls those aspects of daily life that the
court finds the developmentally disabled adult cannot competently
handle. (Click on title for more information)