New Jersey Special Needs Planning Lawyers
Compassionate Special Needs Estate Planning Attorneys in Bergen County, NJ Protect the Rights of Vulnerable Clients in Passaic County, Essex County, and Throughout New York, including Queens County, Nassau County, and NYC
Do you have a family member who has a severe mental or physical disability that makes it hard for them to take care of their own medical, legal, or financial needs? If so, your family could benefit from the assistance of the New Jersey special needs planning lawyers at the Choi Law Firm to help you put together the legal structures needed to protect your loved one’s personal and legal interests. Since 2005, our law firm has been committed to giving clients the excellent legal service they need to get answers to their questions and concerns and settle any legal matters or disputes they may be facing.
If you have a loved one with special needs, get legal guidance that can help you plan for and protect your loved one’s future. Contact the Choi Law Firm today for a confidential consultation to speak with our experienced attorneys about how we can assist you through the special needs planning process to ensure that your loved one’s needs and safety are taken care of so that you can have peace of mind.
Table of Contents
- Why Special Needs Planning Is Important
- Aspects of Special Needs Planning We Can Help With
- Let Our Qualified Special Needs Estate Planning Attorneys in Bergen County, NJ Assist You and Your Family
- Contact the New Jersey Special Needs Planning Lawyers at the Choi Law Firm for an Initial Consultation to Learn More about How We Can Help
- Frequently Asked Questions About Special Needs Planning in New Jersey
Why Special Needs Planning Is Important
Careful financial planning on behalf of a loved one with special needs is critical to ensuring that they have the resources and support that they will need throughout their lives, especially when the family members who care for them pass away. Individuals with special needs are usually recipients of public benefits such as Supplemental Security Income, Medicaid, and SNAP benefits. However, without careful planning, these benefits may be jeopardized if they receive income or assets that put them over the qualifying thresholds for government benefits.
In addition, special needs planning can also help ensure that loved ones have someone to help make decisions on their behalf when they cannot do so, especially financial and medical decisions.
Aspects of Special Needs Planning We Can Help With
At the Choi Law Firm, we can help you with all aspects of effective special needs planning, including:
- Special needs trusts, which can help provide financial support for a loved one while also maintaining their eligibility for income/asset-restricted public benefits
- Powers of attorney, which can appoint a family member or other trusted individuals to make financial, legal, and medical decisions on behalf of an individual with special needs if there is a concern that they may become incapacitated or legally incapable of making those decisions
- Guardianships and conservatorships, which may be implemented for a family member with special needs who is already incapacitated from making decisions on their own behalf
- Advance medical directives/medical powers of attorney, which allow special needs individuals who have the legal capacity to communicate their wishes regarding medical choices, including preferences for life support or other extreme life-saving measures and end-of-life care, and to authorize a family member or other trusted individual to carry out those wishes
- Selecting professional trustees to help oversee a special needs individual’s affairs
Let Our Qualified Special Needs Estate Planning Attorneys in Bergen County, NJ Assist You and Your Family
Special needs planning is important if you have a family member who is unable to work or has severe disabilities. This is especially true if your family member depends on government benefits like Supplemental Security Income, Medicaid, or SNAP. To ensure that your loved one’s needs are met even after you are gone, turn to the New Jersey special needs planning lawyers at the Choi Law Firm to help you with:
- Reviewing your family’s facts and circumstances to identify legal options and structures appropriate for your family and your loved one’s needs and goals
- Helping you draft appropriate documents to implement your family’s chosen special needs plans
- Assisting you with transferring assets into special needs trusts
- Retaining professional guardians to assist your family with the technical aspects of your loved one’s special needs plan
- Representing your family and your loved one in court when necessary to pursue legal processes to implement aspects of your family’s special needs plan, such as guardianships/conservatorships
Contact the New Jersey Special Needs Planning Lawyers at the Choi Law Firm for an Initial Consultation to Learn More about How We Can Help
Our experienced special needs planning law firm works with clients in Bergen County, Passaic County, Essex County, Queens County, Nassau County, and throughout North Jersey and NYC. Reach out to us today for a case evaluation to go over your family’s options.
Frequently Asked Questions About Special Needs Planning in New Jersey
A special needs trust is a specific type of trust that is used to ensure that a disabled individual does not become disqualified for housing arrangements or government assistance or benefits in the event the individual has too many assets or too much income. For example, a special needs trust can protect a disabled individual’s right to assistance if they receive a windfall of money from a personal injury claim or from an inheritance. The trust can be used to provide additional benefits and enhanced quality of life that cannot be obtained through government assistance.
It may be best for you and your family to leave the day-to-day management of the special needs trust to a professional trustee. A professional trustee will have extensive experience in financial management and will also keep up to date on changes to state and federal laws and regulations governing assistance benefits. A professional trustee will also have the financial resources to post any required bond. This second point can be especially helpful, since any changes to such laws or regulations may leave a family member serving as trustee liable to pay restitution for any benefits that your family member had become ineligible for. However, you or another family member can assume the role of a trust protector, which allows the family to remove a professional trustee if the family becomes dissatisfied with their performance.
“I always felt that they were genuinely fighting for me; truly looking out for my best interests."
I am very grateful for Sandra Choi and her team. They were kind, compassionate, thorough and very professional throughout the entire process of my case. I always felt that they were listening to my concerns and interests and provided all the professional advice and answers to my questions that I needed to feel confident about my decisions.”
“One of the best things about Ms. Choi is that she is caring and listens carefully to understand your situation."
Sandra Choi is attentive, kind, thoughtful, and professional. She was thorough and well-prepared throughout my case, and I was impressed by her honesty and work ethic. Ms. Choi and her team were helpful and responsive to my questions and concerns, and she certainly exceeded my expectations. I highly recommend Ms. Choi and her team.