Riverview, FL Special Needs Planning Lawyer

Caring for dependents with special needs can be a lifelong commitment and a substantial financial strain. However, what happens in the event of an unforeseen circumstance that prevents you from providing them with the necessary care?

Attorney O. Reginald “Reggie” Osenton, our lead Riverview special needs planning lawyer, has dedicated over 30 years of his life assisting parents and caregivers of special needs children in answering that question. Reggie can develop a plan to ensure the best possible care for your loved ones after your death or if you become incapacitated. He has the personal and professional knowledge to protect what matters most to you and give you peace of mind! 

Call our firm today to schedule your free consultation and discuss your options. 

Introduction To Special Needs Planning

Unfortunately, too many people think they can give their disabled recipient an inheritance in the same manner as they would a non-disabled child, but that isn’t a wise choice to make. 

Government programs such as Medicaid and Social Security – which can provide important financial aid to people with special needs who may need special care – are need-based. This means if you give a dependent their inheritance without giving them any thought about how it might affect their ability to qualify for those benefits, they risk losing them entirely, since they have too much money in their name to be eligible for the programs. 

Moreover, they may be unable to effectively handle the funds gifted to them in an inheritance because of physical or intellectual disabilities they may have. If you become incapacitated or pass away, your disabled beneficiary may lose money in probate fees before obtaining your assets. Inadequate estate planning puts special-needs beneficiaries at risk of having their inheritances seized by creditors or even relatives. 

Even if you write a will, these complications may still arise, and your impaired loved one may not get the care you intended for them to have. A disabled loved one’s long-term financial security is best ensured through special needs planning with an attorney, which involves setting aside assets, usually in trusts, so they’re safe when needed without affecting government benefits.

Special needs planning allows you to:

• designate a guardian 
• specific care providers for your loved one
• find adequate housing options
• create a special needs to trust 
• take other steps that won’t replace government aid programs 
• pay for your special needs son/daughter’s tuition, rehabilitation, hobbies, counseling, medical service, and medical equipment
• and more!

About Special Needs Trusts

Nobody’s special needs circumstance is the same, which is why special needs planning requires making important considerations. Our Riverview special needs planning lawyer can help you choose trusts that match your unique situation and offer maximum benefit for your loved one. We will help you avoid legal issues. When you work with Osenton Law, P.A., we take the time to get to know you and your family. We want to understand your needs and desires so that we can offer you the best legal assistance possible!                  

We can help with the following types of special needs trusts:

First-Party Trusts

A first-party special needs trust is designed to help a beneficiary with a disability stay eligible for government benefits while also providing extra financial resources to enhance his or her quality of life. A first-party special needs trust can be used to pay for a wide range of expenses that can improve the beneficiary’s quality of life. Some of the most common expenditures a first-party special needs trust are typically used for include: 

Medical and healthcare expenses not covered by government programs.

• Education and vocational training
• Housing and living expenses  
• Transportation
• Personal care and support services  
• Recreation and entertainment
• And more!

The use of any funds allocated to you via the first-party special needs trust may vary based on state laws and regulations that apply to the specific state where the special needs trust is governed. This is why it is important to speak with a special needs planning attorney to explore how best to spend the distributions from your trust.

Third-Party Trusts

Third-party trusts are the most common type of special needs planning tool and typically involve the assets of a parent, sibling, or grandparent. Third-party trusts will ensure that your special needs beneficiary will always have access to funds to provide the highest quality of life possible when you or the other caregivers of your beneficiary are no longer around to provide that help. In the case of third-party trusts, the beneficiary has no legal rights to the assets. They have no access to or ability to make spending decisions; a trustee is tasked with managing the funds.  

Trust Our Riverview Special Needs Planning Lawyer

At Osenton Law, P.A., we care about you and your family, and we want to do everything we can to make sure you are all well taken care of. We establish a long-term relationship with you as our client to ensure that you can count on our legal services as often as you need them. You won’t find any unexpected surprises on your bill because Osenton Law offers affordable, predictable fees for our services. Call Reggie today and book your free consultation to learn more about how we can serve you!