West Palm Beach Special Needs Planning Lawyers
Special needs require special considerations. At Kitroser Lewis & Mighdoll, we guide parents and guardians of children and adults through the ever-changing and complicated maze of special needs life planning.
Attorney Mitchell I. Kitroser is dedicated to helping families identify, understand and avoid the pitfalls of special needs planning. Individuals with special needs often receive government benefits and assistance. Pitfalls occur when income or benefits from one source, (including parents and grandparents) jeopardize the beneficiary’s access to need-based government benefits.
Florida Lawyers Focused on the Special Needs of Families
Attorney Mitchell Kitroser develops a customized plan that is both consistent and effective. Your loved one benefits from having a coherent and coordinated plan that protects at every life stage. Contact our firm to speak with an attorney about your special needs planning.
Understanding the Stages of Special Needs
There are five elemental life stages every parent or guardian must consider when planning for a special needs individual.
- Stage 1 — Birth to preschool
- Stage 2 — School ages
- Stage 3 — Young adulthood
- Stage 4 — Adulthood/parents healthy
- Stage 5 — Death of parents and subsequent years
Every life stage represents a set of entirely new rules. Attorney Mitchell Kitroser prepares you by developing a blueprint for each life stage. The blueprint builds on itself, seamlessly transitioning you and the individual under your care into the next life stage. Every family’s blueprint is as unique as the realities of the family’s situation.
Our approach to special needs planning ensures that your family member enjoys the absolute highest quality of life attainable; now and in the future, even when you are no longer available to care for or advocate for his or her needs. Proper planning guarantees your loved one’s quality of life never diminishes.
Every family is different. This requires that we develop a plan that embraces the individual needs of your family and every member in it. Our process begins simply enough:
- First, we listen so we can understand the nuances of the situation you are facing.
- Next, we work with you to develop with you a plan that protects your loved one’s quality of life and his or her dignity, and leverages every prospect to enhance his or her future opportunities.
- Finally, we review the plan thoroughly with you to be certain that it takes into account your desires and your family’s unique needs.
Your plan may involve a wide range of estate planning techniques and documents, including a will or trust. Often, we encourage clients caring for a person with special needs to consider establishing a special needs trust or enroll in a pooled trust. A special needs trust sets aside assets specifically to care for the person with special needs. If the trust is properly drafted, the person can still qualify for government benefits. Occasionally, a pooled trust is recommended. A pooled trust is a special needs trust administered by a not-for-profit organization. The not-for-profit organization serves as trustee, distributing the beneficiaries funds as needed to care for that beneficiary. Each beneficiary’s assets are separately administered for the exclusive use of that beneficiary. Despite the careful separation of each beneficiary’s assets, the total assets of all of the beneficiaries in the trust are invested jointly. The organization serves as the trustee, distributing the funds of each beneficiary to that beneficiary as needed to care for the person throughout his or her life. Which trust you decide on, if any, will depend on your specific circumstances, your access to appropriate trustees, the assets that need to be managed and the time line of your plan.
Your First Call ∙ 561-721-0600 Start Planning Today
Call a West Palm Beach special needs planning lawyer at Kitroser Lewis & Mighdoll. Put our nearly 100 years of combined experience to work for you.
We are your family’s lawyers.