Law Offices Of Deborah S. Ball

An Elder Law, Estate Planning, and Estate Administration Law Firm

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212-223-4100

COVID-19 FUNERAL ASSISTANCE

The Federal government – through FEMA (Federal Emergency Management Agency) – is providing assistance for funeral expenses related to COVID-19. Click here to read more, and contact our offices with your questions about post-pandemic estate planning.

READY TO CARE FOR YOU!

The COVID-19 pandemic has forced many to address life-plan concerns. We here at The Law Offices of Deborah S. Ball are ready to assist you, whether in person, by phone, or on Zoom.

212-223-4100718-520-7754

NEW POWER OF ATTORNEY GUIDELINES

New York State is changing the guidelines for creating a Power of Attorney (POA), effective June 13, 2021. Contact our offices to make sure your documents are up to date!

Provide For A Person With Special Needs

In the past, a common estate planning approach for parents with special needs children was to simply pass on all the necessary assets to the child who did not have special needs, and that child would take care of the needier child. That method does not always work, however. If you are seeking a way to enrich your child’s life long term, the Law Offices of Deborah S. Ball can help.

With offices in Manhattan and Queens, we also serve clients in Brooklyn, lower Westchester, Nassau County and the entire New York City metropolitan area. Attorney Deborah S. Ball brings more than 25 years of legal experience to bear on all of her special needs planning cases.

Special Needs Trusts

The special needs trust is one of the more important long-term care planning instruments for parents of children with special needs. It can be established through a will as part of an overall estate plan or as a stand-alone document, and it can be funded by anything, including a life insurance policy or a personal injury award. Special needs trusts overlap with many other estate planning issues.

One of the most important issues that affects a special needs trust is government benefits. The choices you make while establishing the trust could have far-reaching consequences on your child’s entitlement to important government benefits. Attorney Ball and her staff can help you establish a special needs trust while providing valuable counsel regarding issues like:

  • Type of trust: Similar to supplemental needs trusts, special needs trusts can be first party or third party. There are payback requirements in first-party trusts that do not exist in third-party trusts, making third-party trusts the better option in many cases.
  • Guardianships: The beneficiary’s guardian will play an important role in assessing the beneficiary’s needs, handling the details surrounding the government benefits the beneficiary will receive, taking care of the beneficiary’s housing and the like.
  • Personal injury awards: If the beneficiary has received a financial award in a personal injury lawsuit, it could result in the loss of government benefits. Establishing a special needs trust in which the trustee provides for the beneficiary’s goods and services will help avoid the loss of government benefits.

These are just a few of the issues involved with establishing a special needs trust. Attorney Ball has the experience to help you establish a trust for your child that will help you obtain your goals while still allowing you to maximize the important government benefits available to you.

Learn More Today

To speak with a lawyer about long-range financial planning for individuals with special needs, 212-223-4100 or email the firm.

Interpretation for documentation services available in several languages.