New Jersey Special Needs Attorney
We have the greatest respect for families having a loved one with disabilities or mental illness and the challenges they all face. We will be with you every step of the way. Who will care for my child when I am gone? What government benefits are available and how can we preserve them? How can I provide for them? How will this affect our other children?
You have questions — we have answers.
- Special Needs Trusts
- Advanced Health Care Directives
- Psychiatric Advanced Directives
- ABLE Accounts
- and Other Vehicles
We help you through the maze of government benefits:
- SS Childhood Disability Benefits (DAC)
- Section 8 Housing
Certain Legal Instruments Are Available To Help Individuals With Disabilities
When someone you love needs a bit of help with everyday living, you must think carefully about the future and what will happen if you are not around. Legal actions such as setting up a Special Needs Trust or Advanced Psychiatric Directive allow you to plan for the future in a structured, financially beneficial way. An attorney experienced in family law and planning can help you to determine the best method for protecting your loved one in the future.
Who Needs A Special Needs Trust?
A number of federal and state programs are available to provide financial support for individuals with physical or mental disabilities. A special needs trust offers additional financial support for treatment or daily care that is not otherwise provided by these programs.
How A Special Needs Trust Can Benefit Your Loved One
Benefits from these programs can be affected by income from work or financial assistance from family or other sources. However, financial assistance from a special needs trust does not count toward eligibility for these programs and does not affect the amount of benefits received through them.
When Mental Health Planning Is Needed To Protect Your Loved One
Similarly, individuals with mental health conditions may need to plan ahead for their care with a “psychiatric medical directive” that designates the type of psychiatric treatment the individual prefers if they become incapacitated and cannot decide on their own care. This legal document ensures that the person’s wishes are honored regarding their own care, even if they cannot voice their preferences during a debilitating episode.
Navigating the Special Circumstances of an ABLE Account
An ABLE account, also known as a 529 account, is a method of setting aside money for someone with a disability to provide for needs that might not be covered under federal aid programs. Individuals whose disability has been diagnosed before the age of 26 and if you are receiving benefits under the SSI or SSDI programs are eligible. Anyone can contribute to an individual’s ABLE account, including family, friends, or a Special Needs Trust. The contribution limit per year is $16,000, and the first $100,000 of the account is not counted toward the $2000 resource limit required by federal programs. Your attorney can provide more information about the benefits of an ABLE account.
Planning for Special Needs and Mental Health Can Be Complex
Laws and regulations regarding federal programs, eligibility and repayment can be confusing and can change over time. Experienced legal representation will ensure that your loved one is fully protected and can continue to receive benefits, as they enjoy additional financial assistance for other needs.
Make Falcon Law Group Your Attorney For Special Needs and Mental Health Planning
Planning for your loved one’s care when you are no longer there to do it is an important action that can have wide-ranging effects. Experienced legal advice will ensure all aspects of your loved one’s care are taken into account. Contact Flacon Law Group today for a consultation on special needs and mental health planning that can provide security for your loved one’s future.
Our attorneys are frequent local and national lecturers on special needs and mental health planning, both to professionals, such as other attorneys, CPAs and financial planners, as well as to families facing those challenges. Check our Seminar page.