Special Needs Attorneys in Smithtown, NY
Protect & Support Your Loved One with Help from an Experienced Attorney
Are you a parent that wants to make sure affairs are in order for your special needs minor or adult child(ren)?
Are you the sibling of a disabled person, trying to care for them on top of your own career and family-related responsibilities?
If so, you’ve come to the right place. Our Smithtown special needs attorneys can assist with creating an estate plan that allows your loved ones to maintain their government-funded programs. Having a plan in place to ensure your special needs loved ones are cared for is crucial.
Our Special Needs Lawyers in Long Island Can Help
Your loved one’s care is of the utmost importance. You may not always be there or able to care for your loved one yourself. Ensuring financial and medical health for a disabled loved one can be extremely complex. Leaving assets to a disabled beneficiary takes additional consideration and planning to ensure their needs are met and benefits are not jeopardized. Let the experienced Smithtown special needs attorneys help you plan for your loved one’s long term needs and protect your loved one’s assets to ensure they receive the maximum amount of public assistance to which they are entitled.
One of Long Island’s Most Trusted
Regardless of your loved one’s situation, our experienced special needs planning attorneys in Smithtown understand exactly what you are going through and will be right by your side through the entire special needs planning process. We have years of experience supporting those with special needs and will use that experience to ensure that your wishes and your loved one’s best interest are upheld. This is part of what makes us one of the most trusted special needs planning firms in the Long Island area.
What Makes Fratello Law Different?
We are one of the select firms on Long Island with special needs planning attorneys on staff who focus on special needs planning for individuals with disabilities. But more importantly, we treat our clients like people. We are respectful and take the time to understand your unique needs and concerns. Our dedicated special needs attorneys in Long Island work efficiently and diligently to make sure you have a plan that works for you and your loved ones. This means more support for your loved ones and less stress during your time of need. Ultimately, Fratello Law goal is to build a lasting relationship with every client we work with. Schedule a free consultation with our special needs lawyer in Long Island to get started.
Special Needs Legal Services We Offer
Estate Planning for Special Needs
Supplemental Needs Trusts, also known as Special Needs Trusts, are an essential part of planning for a disabled loved one. These trusts allow a disabled beneficiary to receive inheritances, gifts, lawsuit settlements, or other funds without losing their eligibility for certain government programs and public benefits. Supplemental needs trusts are designed to provide additional comforts that are not covered by public assistance. The funds in these trusts are typically used to pay for things like education, comfort, recreation, counseling, and medical attention beyond basic care. We work with you to set up and manage a supplemental needs trust for your disabled loved one.
Article 17A Guardianship
In New York, parents of a disabled child are deemed their parent and natural guardian until he or she turns 18. Once a child turns 18, New York State law deems them an adult capable of managing their everyday lives on their own, but this is often not the case with a developmentally disabled adult. An Article 17A guardianship allows you to petition a court to become the legal guardian of your disabled loved one and care for their personal and financial needs beyond the age of 18. At Fratello Law, our experienced and caring Smithtown special needs planning attorneys will guide you through the legal process and court proceedings associated with Article 17A guardianship.
If the court finds it necessary, a guardian is appointed to manage the assets and property of your disabled loved one. If you are appointed by the court as your loved one’s guardian, you are responsible for overseeing and using your loved one’s funds to support their wellbeing. In addition to using the funds, as a guardian you are also responsible for an annual guardianship accounting to the Court, which requires you to keep a detailed record of all your loved one’s income and expenses. Our attorneys can take the burden of guardianship accounting off of your plate, so you can spend more quality time with your loved one.
As the trustee of a supplemental needs trust, you have a number of responsibilities beyond basic accounting. These include: ensuring disbursements are for the sole benefit of the beneficiary, meeting all legal and financial compliance standards, protecting your beneficiary’s eligibility for public assistance, protecting trust assets, ensuring the trust is productive, understanding what goods and services are available to the beneficiary, and more. Our attorneys can help you meet all of these responsibilities, giving you peace of mind that your loved one’s assets are properly managed!
A trust is a legal document that designates a trustee to manage assets for a beneficiary if the beneficiary is unable. In your case, you may be the trustee, and your disabled loved one may be the beneficiary. However, with a trust, much like a financial account, a certain level of accounting needs to be done. As a trustee you are responsible for asset management, making appropriate trust disbursements, maintaining accurate records and providing an accounting as required. This guidance is all provided through our trust accounting services.