Category: Financial Planning
Tags: Estate Planning, guardianship, special needs planning, Trusts


Special Needs Law Month

Posted on: October 7th, 2013
special needs trustsSpecial Needs Law addresses multiple legal, financial, and medical concerns for families who care for a disabled loved one. October is Special Needs Law Month, a time when resources for special needs issues are promoted and explained. According to the Surgeon General, approximately 1 in 5 people in the US has a disability. The number of disabled minors becoming adults is growing in North Carolina. Retaining eligibility for public benefits, appointing guardians, and making important decisions about healthcare are just a few areas of special needs law that families must make arrangements for and update regularly.
If navigating special needs planning is new for you, here are our five popular posts on important topics you can learn more about during your preliminary research:
 
1. Curious about guardianship law in North Carolina for a disabled family member? Our special needs law attorneys in Chapel Hill review options when disabled minors become adults.
 
2. Here is a basic breakdown of incompetency and guardianship procedures in North Carolina. From filing a petition to presenting evidence in court, this post explains the process involved when establishing and terminating guardianship.
 
3. The Special Needs Fairness Act of 2013 is still pending in Congress. If passed into law, this act will afford additional freedoms to disabled persons in the United States.
 
4. Changes for voters in North Carolina have made national headlines recently for new identification requirements, however, a separate pending law addresses voting restrictions for mentally incompetent persons. There are steps family members can take to protect a disabled loved one from being taken advantage of at the polls.
 
Asset protection and eligibility for benefits is critical for individuals with special needs. Special needs trusts are the ideal tool for these purposes.
 
Special needs trusts and other planning tools should be crafted and updated under the close supervision of an attorney. Special needs planning awareness is a primary legal theme in October, but families can take steps at any time of the year to improve the situation of a disabled relative. No matter where you live in North Carolina, our Chapel Hill special needs trust attorneys can review how these planning methods can help protect the interests of a disabled person. If you care for a loved one out-of-state, guardianship laws become complicated. We can recommend attorneys elsewhere and help you move toward a solid plan that protects a loved one’s assets, rights, and eligibility.
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