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: Health Care Decision Making

Individuals with special needs may not be able to fully direct their own health care. Once an individual becomes an adult, however, he or she alone has the legal authority to act on his or her behalf. When this individual has the capacity to consent, he or she can appoint a surrogate to engage in decision-making. Grimaldi & Yeung can provide two key legal documents to meet this special need:

  • Health Care Proxy — to designate an agent to manage an individual’s medical affairs. More information on these directives and other key legal documents is available in our Advanced Directives section.
  • Living Will — to express treatment preferences, including resuscitation, artificial nutrition and artificial hydration.
  • MOLST (medical orders for life-sustaining treatment): to allow an individual to express preferences for treatment in emergencies. The form must be completed with an NYS-licensed physician.