Special Needs Alliance Stephen W. Dale, California Janet Lowder, Ohio Lance McKinney, Florida www.specialneedsalliance.com Attorneys and Counselors at law

Special Needs Trusts – What Is Right For Your Loved One? More and more attorneys with little or no experience with disabilities are drafting Special Needs Trusts Putting together an estate plan that works requires a team effort The Special Needs Trust document is only one piece of the puzzle

A Few Words about Trusts A trust is a contract to accomplish some objective Revocable Living Trusts are contracts to control property for a families lifetime, position assets to gain tax advantages, and avoid probate. Charitable Remainder Trusts are contracts to give a donor a tax advantage and receive a stream of income.

A Few Words about Trusts A trust is a contract to accomplish some objective A Special Needs Trust is a mechanism for protecting resources for individuals with disabilities without sacrificing their government entitlements

A Few Words about Trusts A trust is a contract to accomplish some objective The standard Special Needs Trust focuses on public benefits alone. The superior Special Needs Trust focuses on Advocacy Prevention of abuse and neglect Has your loving instructions to provide for your loved ones needs in the event of your incapacity or death

Lack of Special Needs Planning IMPACTS: Government benefits Quality of life Contingent beneficiaries

Widespread Lack of Planning Among parents of children with special needs: 68% have not written a will 53% have not identified a guardian 72% have not identified a trustee 88% have not established a special needs trust 84% have no written letter of intent

Many Special Needs Trust Don’t Work Think about it – do you think a document alone is going to protect your disabled loved one?

Special Needs Attorney “Team” approach Working family, advocates and other professionals

Team Members Care and medical providers Person with special needs Case manager Insurance agent Advocate NAMI Person with special needs Family Attorney Trustee Financial advisor Accountant

Who is the Special Needs Alliance? The Special Needs Alliance (SNA) is a national, not for profit organization of attorneys dedicated to the practice of disability and public benefits law. Individuals with disabilities, their families and their advisors rely on the SNA to connect them with nearby attorneys who focus their practices in the disability law arena.

Who is the Special Needs Alliance? The SNA is an invitation-only organization. SNA membership is based on a combination of relevant legal experience in the disability and elder law fields, direct family experience with disability, active participation with national, state and local disability advocacy organizations, and professional reputation. As a result, an SNA member will have an average of 18 years of relevant legal experience, with no member having practiced law for less than 10 years. The majority have been certified as Elder Law Attorneys (CELAs) by the National Elder Law Foundation, the certifying entity for the National Academy of Elder Law Attorneys (NAELA).

Where Do You Find a Special Needs Alliance Member in your Community? www. specialneedsalliance.com

Where Do You Find a Special Needs Alliance Member in your Community? www. specialneedsalliance.com

Where Do You Find a Special Needs Alliance Member in your Community? www. specialneedsalliance.com

Where Do You Find a Special Needs Alliance Member in your Community? www. specialneedsalliance.com

Where Do You Find a Special Needs Alliance Member in your Community? www. specialneedsalliance.com

The Voice

The Voice

Special Needs Alliance Members Partners in Estate Planning Special Needs Trusts and Wills Medicaid, SSI and Entitlement Program Eligibility Estate, Trust and Tax Planning for Individuals with Disabilities and their Families Financial Planning and Legal Assistance for Individuals with Disabilities Conservatorship, Guardianship and Advance Directives Assistance with Personal Injury/Medical Malpractice Settlements Trust and Estate Distributions and Fiduciary Accountings Estate and Trust Administration Partners in Advocacy Available to speak to your group on a variety of topics Source of materials for newsletters (voice) Planned Giving