Planning for Special Needs: Taking Back Control

How would you react if an accident left you physically incapacitated and unable to work?

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Consider what you would do to rebuild your life if you were suddenly incapable of doing your job. Jeffrey Smith had been very athletic and was a well-paid rising star at a hedge fund. All that changed one day when he dove into a pool without realizing the water was too shallow. Jeffrey became paralyzed from the waist down and could no longer work. He first came to Grimaldi & Yeung for help because his insurance would not cover all of the physical therapy and equipment he needed. Our work with Jeffrey quickly expanded far beyond looking for funding from government benefit programs. Working together we:

  • Created a Special Needs Trust to receive money Jeffrey’s friends were raising for him, as well as any regular income.
  • Qualified Jeffrey for SSDI so he would have a regular income (this automatically put him on track for Medicaid).
  • Implemented Advanced Directives to document Jeffrey’s wishes.
  • Created a second trust to receive any lump sum payments — including an anticipated insurance settlement.

Thanks to the financial stability Grimaldi & Yeung was able to help Jeffrey achieve, he has started enjoying his life again. In the near future he is looking forward to getting married — and perhaps to starting a small business.

Special Needs Planning: Guardianships

In some — but by no means all — cases, persons with special needs may not be able to properly manage their own affairs. They may also not have the capacity to appoint a substitute decision maker. Once they are no longer minors — and therefore no longer under the protective authority of their parents, a guardian must be obtained and empowered to make personal and property decisions on their behalves. Guardianships are granted by the courts. Because they remove rights from the affected individual, they require a formal protective process, including a carefully prepared petition and court hearing. Grimaldi & Yeung can help you:

  • Decide if a guardianship is appropriate.
  • Determine the right type of guardianship to match the circumstances and provide the powers needed (Article 81 or Article 17A).
  • Advocate in court on behalf of the individual with the disability and/or interested family members.

More detailed information on guardianships is available in our newsletter on Planning for Children with Disabilities, located in the Resources section of our website.