Cleveland Special Needs Planning And Guardianship Lawyers

When you have a child or a loved one with disabilities, the future can seem uncertain. Critical questions arise: Who will make medical decisions if you’re unavailable? How can you leave an inheritance without jeopardizing essential government benefits?

At Cavitch Familo & Durkin, we understand these concerns are deeply personal. Our compassionate and experienced attorneys are dedicated to helping families in the Cleveland area and across Ohio navigate the complexities of special needs planning and guardianship, providing peace of mind and a clear path forward.

Securing Their Future: Comprehensive Special Needs Planning

Our special needs planning attorneys assist you in developing a robust plan that addresses your loved one’s financial, health care, and support needs, both now and in the future. We offer guidance on:

• Tailored Estate Planning: Drafting essential legal documents to articulate your wishes regarding the management of your property, finances, healthcare, and daily care for your loved one in the event of your death or incapacity.
• Protecting Government Benefits: Structuring your estate plan to financially support a person with disabilities while preserving their eligibility for vital government benefits such as Medicare, Medicaid, Supplemental Security Income (SSI), and Social Security Disability Insurance (SSDI), along with other community supports.
• Long-Term Care Strategies: Exploring options like long-term disability insurance to ensure your loved one’s continued support if you are no longer able to provide an income.

What Is Guardianship And When Is It Necessary?

A critical component of special needs planning often involves determining whether guardianship is necessary. Guardianship is a legal process where a court appoints an individual (the guardian) to make decisions for another person (the ward) who is unable to make decisions for themselves due to incapacity, such as a child with a disability reaching adulthood. There are two (2) types of guardianship : Guardian of the Person who makes healthcare and life decisions for the Ward and Guardian of the Estate who manages the Ward’s assets and expenses on behalf of the Ward. The Court prefers that one person serves in both capacities. It is important to note that Probate Court rarely appoints “Co-Guardians” so parents must choose which parent will serve as legal Guardian for a child with disabilities attaining the age of 18.

Our attorneys can help you understand:

• When Guardianship is Appropriate: Assessing whether guardianship or a less restrictive alternative, like a power of attorney or supported decision-making, best suits your loved one’s specific needs and circumstances.
• The Guardianship Process: Guiding you through the legal steps involved in petitioning the probate court for guardianship, including preparing necessary documentation, attending hearings, understanding the guardian’s responsibilities in Ohio and assisting with the administration of a Guardianship.
• Guardian Responsibilities: Explaining the duties of a guardian, which can include making decisions regarding medical care, living arrangements, education, and financial management, always in the best interest of the ward.

Trusts For Special Needs Planning

A cornerstone of effective special needs planning is often the establishment of specialized trusts. Our attorneys provide expert advice and counsel on:

• Special Needs Trusts (Supplemental Needs Trusts): Designed to hold assets for a person with a disability without disqualifying them from means-tested government benefits. These trusts can pay for “supplemental” needs beyond what government benefits provide, enhancing their quality of life.
  • Pooled Trusts: Managed by a non-profit organization, these trusts pool assets from multiple beneficiaries with disabilities, often offering cost-effective administration and professional investment management. A family member will be appointed to assist with the distribution of the funds on behalf of the beneficiary. Subject to Medicaid payback provisions.
  • Self-Settled Trusts: Created with the disabled individual’s own assets, typically from a personal injury settlement or inheritance. Strict rules apply to ensure benefit eligibility. Subject to Medicaid payback provisions.
  • Third-Party Trusts: Established and funded by someone other than the beneficiary (e.g., parents, grandparents). These are generally more flexible and do not have Medicaid payback provisions.
• Revocable and Irrevocable Trusts: Understanding the differences and selecting the appropriate trust structure for your unique goals.

By establishing the right trusts, our estate planning attorneys help ensure that your child or loved one can access essential public benefits while also having resources available to maintain and improve their quality of life.

Trust In The Cleveland Attorneys At Cavitch Familo & Durkin

Since 1886, Cavitch Familo & Durkin has been committed to providing a high standard of legal services to our clients. We take immense pride in the relationships we build and our reputation for achieving favorable outcomes.

If you have questions about special needs planning, special needs trusts, or guardianship for a loved one with disabilities, we encourage you to speak with our experienced attorneys. We are here to help you understand your options and build a plan to secure their future.

Call our office at 216-865-1718 to schedule a consultation.