Estate Planning Attorney and Special Needs Children - By: Andrew Stratton

A client's special needs children or adults can be legally protected with the help of an estate planning attorney. Individuals with special needs may be anyone who is disabled permanently. The disability can be in the form of mental or physical capacities. Trusts can be set up that are approved by the government and designed to earmark specific funds in order to take care of the special requirements. Trusts are legal ways to shelter funds so that they don't impact a person's income status. This allows the special needs person to still qualify for Medicaid or social security insurance. A parent who sets up a trust for their child can rest assured that the disabled person will receive necessary medical tools or care.

Permanent tutorship is another method of providing protection for a special needs person. This method is achieved without going through a cumbersome courtroom process. Courtroom proceedings can be expensive, time consuming and stressful for all individuals involved. In order to qualify for permanent tutorship, an adolescent must be over age fifteen and have a reduced mental capacity. The law requires that the mental ability be less than 2/3 of an average normal adolescent. A county or parish coroner would be the official to review the evidence and approve the request to place the child under a tutorship. If approved, this permanent tutorship will continue, unless it's legally revoked by the courts.

If the parents were interested in seeking the tutorship help for their child, they would need to do it between their offspring's fifteenth and eighteenth birthday. Once an individual turns 18, he or she is considered to be an adult and parental rights are curtailed. If parents of an 18 year old wanted to step in on the behalf of their teen, there would be a full interdiction process to go through. For this reason, it's crucial to get the process started during that three-year window.

If a permanent or continuing tutorship is approved, the decree must be recorded in the conveyance and mortgage records of the Courthouse. If the family moves, legal documents will need to be filed in the new location. A tutor has authority, privileges and responsibilities to give consent for medical treatments and educational endeavors.

When a client wants to protect their special needs child or adult, an estate planning attorney would be able to offer guidance. Legal documents can be drawn up to offer medical directives, financial and asset planning, trusts and wills. A special needs trust can be put in place in order to assure that funds are protected and earmarked for medical devices, rehabilitation services, wheelchairs or other healthcare tools. Legal representation can also guide a person through the processes of seeking tutorship of an adolescent.
When a parent is responsible for a special needs child or adult, he or she will want to protect their loved one for all times. In the event of the parent becoming incapacitated, ill or deceased, having legal documentation in place can allow for peace-of-mind for the responsible party. An estate planning attorney will be able to set the documents in motion.

About the Author

It’s never too early to develop a relationship with a New Orleans estate planning attorney. If you have assets, help protect them for the long-term: http://www.melcherslawfirm.com/.

Article Directory Source: http://www.articlerich.com/profile/Andrew-Stratton/7039

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