The Importance of Special Needs Trusts

Special needs trusts are crucial because they allow individuals with disabilities to receive financial support without losing access to government benefits like Medicaid and Supplemental Security Income (SSI).  These trusts manage assets for the benefit of the person with disabilities. The funds can be used to enhance their quality of life by covering additional needs such as medical care, education, and recreational activities. This way, families can provide for their loved ones’ future without jeopardizing their eligibility for public assistance programs, offering peace of mind and financial security.

Since Wisconsin’s Disability Determination Bureau carefully evaluates benefit eligibility, proper trust structure is essential to maintain qualification for these vital programs.

Supporting Parents of Special Needs Children

Our special needs planning attorneys frequently help parents who want to ensure their special needs child continues to receive care without interruptions, whether the child is a minor or an adult.  The creation of a special needs trust provides care beyond what governmental benefits can provide.

Setting Up and Managing Special Needs Trusts

A well-designed and managed special needs trust can support a family member’s needs without affecting their public benefits.  We help families set up these trusts and find a trustee to manage them for the family member’s long-term benefit.  Our team has extensive experience in creating, funding, managing, and adjusting different types of special needs trusts, including first-party, third-party, and pooled trusts.

Guardianship for Disabled Individuals Becoming Legal Adults

We also assist families when a child turns the age of majority (18 in Wisconsin) and needs a permanent guardian appointed.  When a disabled child becomes an adult, their parent(s) loses many of the rights they had to handle their child’s physical and financial well-being.  Our attorneys assist parents and other caregivers in petitioning the Court for the appointment of a permanent guardian of the person and estate of a child before they turn eighteen.  Establishing guardianship provides for continuity in the services a caregiver provides to the disabled individual and protects the individual from financial abuse.

 Special Needs Planning Services:

• Special needs planning for individuals with disabilities: We help families create plans that address the unique needs of those with physical or cognitive impairments, ensuring they receive the care and support they need.
• Creating and updating special needs trusts: We set up and modify trusts that hold assets for individuals with disabilities. This allows them to benefit from the funds without losing eligibility for government assistance programs.
• Securing and maintaining public benefits for long-term care: We assist in obtaining and preserving benefits like Medicaid and Supplemental Security Income (SSI) that help cover the costs of long-term care for individuals with disabilities.
• Acting as a professional trustee for special needs trusts: We serve as a trusted manager of the special needs trust, ensuring that the funds are used appropriately and in the best interest of the individual with disabilities.
• Managing guardianship and conservatorship matters, including appointments and removals: We help families establish, change, or remove legal guardians or conservators who are responsible for making important decisions on behalf of individuals with disabilities.

Contact Our Special Needs Planning Attorneys in Wisconsin

Planning for your family’s future requires careful consideration of your loved one’s unique needs and circumstances. At Ruder Ware, we’re committed to providing compassionate, knowledgeable guidance through every step of the special needs planning process.  Our special needs planning attorneys work closely with Wisconsin families, understanding both state-specific requirements and local resources like the Aging and Disability Resource Centers to ensure comprehensive care planning.

Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services. A full-service law firm, over 45 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.