Special Needs Planning

Thursday, February 23, 2012

Caregiver Agreements in Current Events

The New York Times published an article earlier this month featuring an artist who acted as the primary caregiver for her developmentally disabled sister.  After their mother quickly and unexpectedly passed due to pancreatic cancer, Beverly McIver began to look after and live with her older sister. This story is captured in the documentary, Raising Renee, which delves into the ups and downs of a sibling caregiver arrangement. A 10-minute segment on the radio program "The Take Away," featured on WGBH, speaks with Beverly McIver and the filmmakers to provide an empathetic view of a caregiver situation, and the impact it has on the lives involved. Even though the basis of such an arrangement is an extraordinary amount of love, it is not to say that living with it is easy.  

If you are planning for a child with special needs, it is important to consider what will happen when you pass.  Who will take care of your child? How can you provide for your child's wellbeing? Where will they be able to stay? What happens if your appointed caregiver or Trustee can't handle the situation? What would you do if a loved one asked such a great responsibility of you?

You shouldn't feel trapped by these questions. Use your uncertainties to guide an open discussion with whomever you are thinking of naming to provide care for your child. A Special Needs Planning attorney can help guide your discussions with your loved ones, and provide support during the difficult decisions and conversations.  Oftentimes, attorneys act as co-trustees for Supplemental Needs Trusts, working closely with a family member to ensure that the emotional and logistical support is in place for the individual throughout their lifetime. Creating a partnership for the sole-benefit of your loved one is an excellent way to give yourself peace of mind, and one that can begin with a simple conversation with a Special Needs attorney. If you think that you or a loved one may benefit from Special Needs Planning, take the first step towards a better life; contact an attorney who is dedicated to finding the best possible solutions for you.

Monday, September 12, 2011

Estate Planning for the Seasons

Labor Day has already passed, and whether we like it or not, we are reminded of Fall.  Sweaters, Pumpkin flavored goodies, leaves changing, and of course, winter.  In Fall, the world around us is changing-- it starts to harden, to yawn with brilliant crimsons and golds, and then turns over to sleep until better weather comes around again.  If nature thinks this is the best way to do things, then maybe we should pay attention to that cycle of change, and try to apply it to our own lives.

Spring: It is undoubtedly a part of life for each of us to feel invulnerable in youth.  We are young, we are growing, we are learning, experiencing, thriving, living.  Everything is happening to us, and we can practically feel the world turning around us.  But then, we open our eyes, and look at the world hurtling by, and realize that we are spinning alone, as fast as we can.

Summer: After the nausea passes, we build a life that we can work with, and start to focus on the big picture. The people in our lives become  the foundation for how we spend our time, and in a lot of ways, influence what we do. We create our own families, have children, foster the unlikeliest of friendships, and make our own world a more beautiful place.  This is the time of blue skies, birds chirping, warm sun, pleasant breezes, fluffy clouds, sand, surf, laughter, and the occasional drenching storm. And whether we realize it or not, planning for a fun summer picnic can become practice for Estate Planning . We start asking ourselves: "What are we going to eat?"; "Where are we going to go?"; "What about Jenny's allergies-- did you pack her Epi-pen?"; "What if it rains?"; "Did we bring some toys for the kids?".  These questions are much in the same vein as ones at an Estate Planning design meeting. Even though this thought process is something we may go through daily, some who begin to think about this may feel their Estate isn't "big" enough to make Estate Planning "worth it" during the summer; they continue to save for the rainy day, and feel the sunshine on their faces.

Fall: As the air turns more crisp, we put on more layers, and bundle up our loved ones for the more temperamental weather.  In all aspects of life, we start thinking about the harsh weather and hard times ahead, and start making preparations.  For many of us, the heart of fall is in the leaves falling off the trees, and in the cold breeze that is quickly turning into a strong wind. Surely at this point, we can no longer ignore the arrival of fall, and the eminent arrival of winter. We close our house windows, start making stews, casseroles, and start planning for the holidays. Just as with  picnic planning, we must reflect on the needs of our loved ones, and try to provide for them the best that we can. 

Winter:  The hardship.  The cold that cracks hands, stings skin, and stills life.  The winter is the anticipated unexpected.  It is the season of constant surprise, and wearying repetition.  But, it is also a season of quiet nights blanketed in thick snow. And warm fires that bring together the family from peripheral rooms of the house.  It is the season of hot cocoa, helping neighbors shovel the record snow, and softly glowing holiday lights lining the heart of town.  Bundled up against the cold, winter seems manageable, and sometimes even pleasant. And even for those who may have misplaced their winter jacket, worn out their old gloves, or need a snowsuit for their newest grandchild, the stores are still open and able to help. Estate Planning  is available at any time to help anyone protect the ones they love and whatever they may have against the bitterness of winter.

As we transition from the comfort of a well-known and loved season, it is essential to remember the importance of planning for the changes ahead of us; proper Estate Planning can help you protect your assets from taxes, provide for any special needs situation, and give you peace of mind. Remember, you never have to freeze in winter-- it is never too late begin Estate Planning!

Picture generously shared by Jim Crotty under a Creative Commons license. "Autumn Colors on Lake Logan in Hocking Hills Ohio by Jim Crotty" http://www.flickr.com/photos/jimcrotty/5107844796/