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GLK Law offices of Gerald L. Kane A Life Care Planning & Elder Law Firm

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Helping You Protect Your Loved Ones And Your Legacy

Taking Steps To Protect A Loved One With Special Needs

Firm founder Gerry Kane deeply understands the anxieties that caregivers face when tending to a child with special needs. As a parent of a special needs child and an experienced attorney himself, he has the personal and professional experience that you deserve to have with a legal advocate.

Attorney Kane and our team at the Law Offices of Gerald L. Kane are here to help you obtain the government benefits that your loved one may be entitled to receive and identify legal tools that can safeguard your loved one’s well-being. Whether your loved one is struggling with a physical, mental or developmental disability, we will work closely with you to create a sound plan that addresses your concerns and your loved one’s needs.

Should You Consider A Special Needs Trust?

In California, there are government programs that provide financial assistance to those with limited means. Your special needs child may qualify to receive benefits from Medi-Cal, California’s Medicaid program, and Supplemental Security Income (SSI).

Remaining eligible for these benefits can be tricky, however, if you wish to give a lump sum of money to your loved one to maintain his or her lifestyle when you are gone. These financial gifts may increase your loved one’s income level, exceeding the income allowed and render your loved one ineligible for government support.

Establishing a special needs trust can provide a legal workaround for this type of situation. This legal instrument allows settlors, the individuals setting up the trust, to create an entity that disburses funds to your loved one, the trust beneficiary. The funds disbursed are not calculated as income, which allows your loved one to remain eligible for benefits.

California’s trust laws are complex, but attorney Kane has the insight required to help you create, fund and administer a special needs trust.

Concerned About Selecting A Trustee Or Conservator?

When you are making plans for your loved one’s future, you will need to select individuals to help you protect your loved one’s interests if you are no longer able to do so. Trustees and conservators do just that.

Trustees distribute the trust’s assets, provide accountings of their actions and take other steps to protect the beneficiary’s interests.

Conservators make decisions that affect their ward’s health and welfare. In California, most conservators have limited rights when they are caring for developmentally disabled adults. As a result, these types of conservatorships are called “limited conservatorships.”

As your advocate, attorney Kane can help you assess trustee and conservator options so that you feel confident about the selections that you make.

While it can be overwhelming to make plans for your loved one’s future, you can depend on us to remain by your side throughout your legal journey. 

Begin The Conversation Today

For your convenience, you can reach an experienced special needs trust lawyer online or over the phone at 818-905-6080. The Law Offices of Gerald L. Kane is located in Encino and serves clients throughout the surrounding area.