Elder Law and Special Needs
Elder Law and Special Needs attorneys are well educated in the areas of the law that relate directly to the elderly client and those with disabilities not necessarily related to age.
It is critical to protect those who cannot protect themselves, or who may need some assistance with protecting themselves, such as those who receive certain government benefits such as Medicaid, Food Stamps, Housing Benefits and/or Supplemental Security Income (SSI).
At The Law Offices of Katharine J. Richards, P.C. , we are well versed in the two main types of Supplemental (Special) Needs Trusts. Specifically, there are third party trusts: trusts that are created by third parties such as family members (who have no obligation of support) with their own money; and first party trusts: trusts that are to be created with the money of the person who receives the benefits. Currently, first party trusts can only be created by the person’s parent, grandparent, Court appointed Guardian or by Court Order.
Special Needs planning must be done carefully, so as to not disrupt the benefits which the trust beneficiary receives or may receive, as well as to not disrupt the benefits the trust creator receives or may receive.
Elder Law and Special Needs attorneys routinely appear in Guardianship Court in order to protect those who may have become incapacitated without having properly planned prior to their incapacity. At The Law Offices of Katharine, J. Richards, P.C. , we are adept in litigating cases where an incapacitated person’s health, finances and general well being may be at risk. Again, we are knowledgeable in the interplay of Guardianship rules, Medicaid rules, inheritance, tax and other potential issues which could adversely impact on the incapacitated person.