Future Planning for Individuals with Disabilities

Protecting Your Child’s Future

As the parent of a child with special needs you are totally involved in the life of your child. There is no one who can who can take care of your child’s needs the way that you do. As our children get older we are forced to think about the future. Who is going to take care of my child when I am no  longer able to? Will there be financial resources available so my child will be able to live a full and comfortable life?

As the mother of two children with disabilities I understand the importance of future planning for individuals with special needs. I, Marna E. Solarsh, can work with you to create a future plan for your family based upon the needs of your child and the means of  your family.

Guardianship

Once your child becomes 18 years of age he or she is considered an adult under state law. If your child is not capable of making personal and/or financial decisions and assuming the responsibilities of adulthood it is important to establish legal guardianship. There are two types of guardianships in New York State. A guardianship under Article 81 of the Mental Hygiene Law is based upon an individual’s level of functioning and is designed to give a person as much independence and control over their life as possible. This is very different from a guardianship under Section 17-A of the Surrogate’s Court Procedure Act which gives a guardian full control over a person’s personal and financial affairs.

As your lawyer I will help you determine what type of guardianship, if any, is the most appropriate for your child.

Supplemental Needs Trust

If your child is receiving or may in the future receive government entitlements such as Supplemental Security Income or Medicaid it is important to discuss establishing a supplemental needs trust as part of an estate plan. A supplemental needs trust can be created during your lifetime or though a will. It will provide your child with a source of  funds to be used for his or benefit for such things as camp, vacation and other recreation activities, computers and other electronic equipment while still maintaining eligibility for government benefits. A supplemental needs trust is a very useful tool in estate planning which will provide the funds to ensure that an individual with disabilities will have the resources available to have a comfortable and full life.

Call me, Marna E. Solarsh, to arrange a consultation to discuss the future needs of your child.

The Law Offices of Marna E. Solarsh

670 White Plains Road
Suite 121
Scarsdale, NY 10583
(P) 914-725-7070
(F) 914-725-7724
Email •  Map and Directions

Based in White Plains, New York, the Offices of Marna E. Solarsh counsels clients regarding special education law needs and future financial planning for individuals with disabilities in Westchester County , Rockland County, Putnam County, Orange County and Dutchess County.