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Special Needs Estate Planning in Georgia

Special needs is the broad category of requirements and care for individuals suffering from a wide range of physical disabilities, medical conditions, intellectual difficulties, or emotional problems, including physical conditions, learning difficulties, and behavioral problems. Special needs estate planning in Georgia could be made easier with our team of experienced lawyers.

What Help Will The Government Give Us To Help Financially With Our Special Needs Child?

The federal and state governments have numerous benefits that are available to individuals with special needs. These programs vary from state to state, but many also have some type of Medicaid waiver that will cover residential, daycare, career, and other basic services.

Some of these major programs include: (i) Medicaid, which gives basic medical care; (ii) Supplemental Nutrition Assistance Program (SNAP/Food Stamps) and Supplemental Security Income (SSI), which provide allowances for food and shelter to people with disabilities; and (iii) Social Security Disability Insurance (SSDI), which helps those with a disability, but requires that the individual hasn’t been able to work for at least a year because of the disability.

There’s A Lot To Keep Straight. How Do We Stay Organized?

If you have a child with special needs, it’s critical that you maintain all of your documentation in one safe place that you can access easily when needed.

Experts suggest that parents of children with special needs in Georgia should have a file or lockbox to keep the information that future caregivers will need to care for the child after the parents have passed away.

Make sure that you regularly update the information in the file when there are changes in your family’s situation, changes in the needs or desires of your child, and to detail any other issues that may help future caregivers in caring for your child.

So What Exactly Should Be In My File?

Of course, there is no exact list, but you should include these types of documents and maintain your file with any changes:

  • Important legal documents, such as birth certificates, Social Security cards, medical records, prescriptions, and health insurance cards;
  • A Letter of Intent – a non-binding document that gives vital information about the child with special needs to his or her future caregivers. This can be details like your child’s sleeping preferences, eating habits and favorite foods, activities and hobbies, and other aspects of his or her routine;
  • Directions as to your wishes for final arrangements, e.g., burial services, final resting place, or other details you want carried out;
  • Avoid head and heartaches by including an advance health care and financial directives such as powers of attorney, living wills, and health care proxies;
  • Copies of special needs, living, or insurance trusts that may be in effect. (The signed copies or originals may be required to complete property transfers, so also include details about the location of the originals);
  • A list of major assets and information about where they are located, such as insurance policies, investments, bank accounts with policy and account numbers and contact info for brokers, insurance agents, and investment advisors;
  • If you have had them created, include the guardianship documents;
  • The contact information for government agencies or case workers with whom you have worked;
  • A list of government benefits your child may receive, as well as copies of completed applications; and
  • Any other documentation that would assist future caregivers, like tax returns for your child, information about housing, educational programs, and family photographs and small mementos.

That’s a lot to cover. Why not let an expert help you? A special needs attorney has the background to make your lives a little easier. Make an appointment to visit with an attorney at Nelson Elder Care Law today.

Hear From Our Clients
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I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

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Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

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