Special Needs Planning & Guardianship / Conservatorship

Caring for a loved one with special needs or navigating the complexities when an adult can no longer make their own decisions is a profound act of love and responsibility. These journeys can be filled with unique challenges, from ensuring lifelong financial security and access to vital benefits to making critical personal and medical decisions.

At The McCullough Group, we understand the deeply personal and often emotional nature of these situations. Our compassionate attorneys are dedicated to helping families establish robust legal frameworks that provide protection, preserve dignity, and ensure the ongoing care and well-being of individuals with disabilities or diminished capacity. We offer experienced guidance to bring you clarity and peace of mind for the future.

Our Dedicated Services for Special Needs & Incapacity Planning

We provide comprehensive legal services tailored to the unique needs of individuals and families in these sensitive areas:

Special Needs Planning & Special Needs Trusts:

- Ensuring Lifelong Support: We help families create meticulously crafted Special Needs Trusts (SNTs), also known as Supplemental Needs Trusts. These trusts are crucial for individuals with disabilities who receive or may be eligible for government benefits like SSI (Supplemental Security Income) or Medicaid. An SNT allows family members to leave assets for the individual’s supplemental needs (those not covered by government benefits) without jeopardizing their eligibility for these essential programs.
- Purpose & Benefits: We guide you through establishing First-Party SNTs (funded with the individual’s own assets, often from a personal injury settlement) or Third-Party SNTs (funded by parents, grandparents, or others). These trusts provide funds for quality-of-life enhancements—such as therapy, education, travel, or assistive technology—while protecting benefit eligibility.
- Letter of Intent: We assist in drafting comprehensive Letters of Intent, a non-binding but invaluable document that outlines crucial information about your loved one’s daily routines, preferences, medical history, care providers, and your aspirations for their future, serving as a guide for future caregivers and trustees.

Guardianship & Conservatorship Solutions

Guardianship for Minors and Adults:

Protecting Vulnerable Individuals: When a minor or an adult lacks the capacity to make responsible personal or medical decisions, a court may appoint a guardian. We represent families and individuals seeking guardianship, guiding them through the complex legal process.
Guardianship of the Person: This involves obtaining legal authority to make decisions about the individual’s personal care, medical treatment, living arrangements, and overall well-being.
Guardianship for Transitioning Young Adults (Age 18): When a child with disabilities turns 18, they are legally considered an adult, and parents lose automatic decision-making authority. We help parents establish guardianship to maintain the ability to make crucial medical, educational, and personal decisions for their adult child.

Conservatorship:

Managing Financial Affairs: A conservatorship is a court-supervised process where a conservator is appointed to manage the financial affairs and assets of an adult who is deemed unable to do so themselves due to mental or physical incapacity.
Protection Against Exploitation: This measure provides critical protection for vulnerable adults from financial exploitation, mismanagement, or neglect.
Court Oversight: We guide conservators through the ongoing court reporting requirements, ensuring proper asset management, accounting, and adherence to fiduciary duties.

Why Entrust The McCullough Group with Your Special Needs Planning?

- Deep Empathy & Compassion: We approach every case with sensitivity, understanding the unique challenges and emotional aspects involved in planning for vulnerable loved ones. We listen to your concerns and your hopes for the future.
- Specialized Knowledge: Our team possesses a deep and current understanding of the complex federal and state laws governing special needs trusts, government benefits, guardianship, and conservatorship.
- Holistic Planning: We integrate special needs planning seamlessly into your broader estate plan, ensuring all your assets, wishes, and family needs are addressed comprehensively.
- Navigating Complex Systems: We have extensive experience working with public benefit agencies, medical professionals, and the court system, streamlining processes and advocating effectively on your behalf.
- Long-Term Partnership: We view our relationship with your family as a long-term commitment, providing ongoing support and adjustments as needs evolve and laws change.
- Advocacy and Protection: Our primary goal is to empower you to provide the best possible care and financial security for your loved one, protecting their rights and maximizing their quality of life.

Ready to Create a Plan for Lasting Peace of Mind?

The future well-being of your loved one is paramount. Let The McCullough Group help you navigate the complexities of special needs planning, guardianship, and conservatorship with confidence and care.

Give us a call at (801) 530-7359 or info@tmglaw.com

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