Special Needs Lawyer

Special Needs Law focuses on using various state and federal laws to develop plans to care for people with special needs. A special needs plan may include appropriate housing, estate plans, public benefits, support staff, and financial resource management. The best special needs plans enable a person with an impairment to live a fulfilling life as independently as possible with sufficient support.

The Law Office of Maria T. Patente PLLC offers legal services to assist people with special needs plans, including guardianships, drafting Special Needs Trusts, tax planning, estate planning, housing plans, and public benefit planning.

• Guardian or Conservator
• Medicaid Planning
• Special Needs Housing Alternatives
• Special Needs Trusts
• Tax Planning

Becoming a Guardian or Conservator

If someone you care about is unable to manage their own affairs safely due to a medical condition or impairment, you may consider seeking a guardianship or conservatorship to assist them. Parents often seek to become the guardian or conservator of their child before the child legally becomes an adult. In Virginia, a person can seek to become the guardian of a minor no more than 6 months before the child turns 18.

The proceeding begins when a petitioner files a legally sufficient petition in the Circuit Court alleging that a person is incapacitated and cannot adequately process information for their own safety.   The Virginia Code sets forth numerous requirements for the petitioner who seeks to become a guardian or conservator. For example, the petitioner must request a Guardian Ad Litem to advocate for the best interests of the alleged impaired person during the case. The Guardian Ad Litem “GAL” conducts an investigation about whether a guardian or conservator is appropriate and the scope of authority that the Court should grant to these caretakers.

Hire a Special Needs Attorney

Frequently, people seek to file petitions for guardianship Pro Se. However, this can result in an inadequate Court Order which does not provide appropriate authority to the caretakers. Ultimately, they may need to file another petition to amend the original Court Order.

If you are considering becoming a guardian or conservator for an impaired person or a person with special needs, call for an initial consultation.

Medicaid Planning

Medicaid is one of the most important public benefits for many people with special needs. The term “Medicaid” is actually an umbrella for numerous public benefit programs for people who need financial assistance to pay for medical conditions. It includes in home support services, health insurance programs based on modified adjusted gross income, and skilled nursing facility care. Many people benefit from various Medicaid programs during different stages of life.

Several complex federal and state laws control Medicaid eligibility. The Department of Medicaid Assistance Services (DMAS) publishes its policies in the Virginia Medicaid Manual. Social Security laws also control a substantial amount of Medicaid.  Social Security also uses an operational manual, referred to as the POMS, which outlines regulations that Social Security workers should follow when administering the program.  DMAS oversees and administers the Medicaid program to determine initial eligibility and annual eligibility renewals.

Successful Medicaid applications includes three parts: the income test, the resource test, and the transfer test.  In order to receive Medicaid benefits, a person must have income beneath a certain level range, have less than a certain amount of assets, and must not have made “uncompensated” wealth transfers within a 5-years of the application date.   The rules for Medicaid differ based on the category of the applicant. For married couples, criteria depends on the whether one or both spouses need Medicaid financial assistance.

Several Medicaid strategies can expedite financial assistance and preserve wealth for the family. The strategies are based on specific rules and transactions described in the Virginia Medicaid Manual. Some strategies involve changing assets into income. Other techniques shift income between spouses. Sometimes, family members or friends are willing to participate in lawful plans that can expedite receipt of Medicaid benefits.  The appropriate strategy depends on the unique situation of the applicant and his or her family.

Estate plans and Medicaid

Estate planning can be a big part of Medicaid planning because the wrong estate plan could disqualify someone from Medicaid assistance. If you would like to plan for a person who is receiving Medicaid or who likely will receive Medicaid benefits in the future, your estate plan should be developed by a special needs estate planner.

The Law Office of Maria T Patente PLLC focuses on special needs estate plans that preserve public benefits and increase favorable tax benefits for special people.

Medicaid Planning Pays

Medicaid financial assistance can save patients or their families a lot of money in a short time period.  Therefore, it makes financial sense to plan and qualify for Medicaid as soon as possible. The application for Medicaid is long and complex. Most people need assistance to do it correctly.

Medicaid planning legal services can benefit people who are “categorically needy”, “medically needy”, or those planning far in advance. Categorically needy people meet all of the non-financial and financial requirements for full benefits. Medically needy people have lack enough income to pay for all of their long-term care bills, but have too much to qualify as “categorically needy”. Medicaid helps cover the gap between income and medical costs for these people. People planning for Medicaid more than five years in advance can utilize techniques that preserve wealth.

 If you or a beloved person will need public benefits, call the Law Office of Maria T. Patente PLLC. Learn about your options and start a plan to enjoy life with financial comfort.

Special Needs Housing Alternatives

Good housing options can pose a challenge for people with special needs. Fortunately, certain federal laws improve options for special people. For example, HUD Section 8 housing laws make it possible for certain people with disabilities to get assistance with renting a home from a family member. Additionally, federal and state fair housing laws require some landlords to make “reasonable accommodations” so that people with disabilities can enjoy their home on par with other renters. The best housing option must be carefully considered along with other benefits to best utilize financial resources.

Housing plans need to be considered in the overall strategy to improve quality of life for people with special needs. The Law Office of Maria T Patente PLLC assists people in navigating the maze of federal and state laws to provide the best home for people with special needs.

Special Needs Trusts

Special Needs Trusts (SNTs) provide a foundation of financial protection for people with a disability or medical impairment. These trusts provide extra resources to pay for services and items not covered by public benefits. A disabled person may establish an SNT for one’s self. This is called a first-party SNT. Other people may create a SNT for a disabled person. These are called third-party SNTs. For examples, third-party SNTs do not contain terms that require repayment for Medicaid benefits received.

Pooled Special Needs Trusts

Pooled Special Trusts provide an affordable alternative to individual SNTs. Sometimes people transfer the assets of an individual SNT into a pooled SNT if the daily management becomes too difficult or the trust assets decrease. Non-profit organizations manage pooled SNTs and handle the paperwork and dispense money in the right way to preserve benefits. The pooled SNT is a good alternative for people who want the financial advantages of a Special Needs Trust, but no longer want to manage the paperwork or other challenges.

Special Needs Tax Plans

Many people retain a large part of their wealth in tax-favored retirement plans such as 401K and IRAs. Taxes upon withdrawal significantly reduce the value of these funds. Recently, the Secure Act changed the tax benefits for most beneficiaries for tax-deferred plans. However, special exceptions exist for people with chronic medical conditions or disabilities. A special needs plan should include reducing the taxes on retirement accounts under the Secure Act. If a significant amount of your wealth is in retirement accounts, call The Law Office of Maria T Patente PLLC to reduce taxes in your estate plan and to save wealth for special people with special needs.

DISCLAIMER: Content on this website is provided for informational, educational, and marketing purposes only, and does not constitute legal advice. If you seek legal advice on a specific situation, you should contact an attorney.