If you’re in the process of finding an estate planning attorney, you are likely still in the early stages of the estate planning process. At this point, the more things you take into consideration now, the easier the process might be under the guidance of a professional estate planning attorney. Thinking about what kind of legacy you want to leave behind, who your beneficiaries will be, what to do with certain properties or assets are all important considerations.
However, in some cases, there are extra responsibilities that might complicate things. For instance, what do you need to take into account if you care for a dependent with a disability? In this case, we are referring specifically to an adult or child who lives with some form of disability that requires ongoing, involved care.
What do you need to do, and what does your estate planning attorney need to know in order to make sure they are looked after? Davidson Law Group offers some advice from an estate attorney.
Explaining and Understanding
If you are caring for someone who has a disability, what kind of disability they have dictates how you present the topic of leaving behind assets or money in the event of your death. If you are caring for someone with a learning disability or any condition that affects their development or cognition, this might be a difficult topic to explain. Approaching things with sensitivity is key, and you may need help in addressing such a delicate subject. If you have been working with medical professionals, particularly for a mental health-related issue, then consulting or involving them is a good idea.
Related Post: Common Questions About Special Needs Planning
The Help of Family and Friends
If you care for a disabled relative with the help of friends or family, getting them involved in the process can also be a great help. A family support network is not just a necessity for the person with a disability, but also for you as their carer.
Caring for someone with a disability can be extremely hard, and thinking about whether they will be taken care of after you are gone is even harder. Friends or family members who are involved and understand the situation can help give different perspectives on it and help both you and the person you care for approach a difficult topic.
What Options Are Available?
When it comes to the practicalities of making sure a disabled dependent is taken care of, an estate planning attorney can guide you through the options that are available, depending on your situation.
Setting Up a Trust
Setting up a trust is typically the best option if you are caring for a dependent with an intellectual disability. It means that they are taken care of even if they are not in a position to care for themselves independently. You can tailor your trust depending on their needs, so you can be sure that they will benefit.
Related Post: How to Leave Property to a Special Needs Trust
Leaving Property or Assets to the Dependent
Not all disabilities mean that the person living with them is totally unable to care for themselves. Many physical disabilities or mental health issues still allow for independence with varying levels of care.
In these cases, it could be beneficial to leave assets, property or money to the dependent if they are lucid and cognizant of the situation. You will know them better than anyone, and it is up to you and your estate planning attorney as to whether this is a suitable option.
Contact An Estate Planning Attorney
If you’re concerned about the wellbeing of a dependent with a disability, an estate planning attorney can give you all the professional advice you need. Contact the Davidson Law Group in Fort Worth, Allen, or Tyler today. Our professional, experienced legal team can help you lay a solid foundation for your Texas legacy, and make sure your loved ones are taken care of.