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Planning Ahead for Peace of Mind

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By: Sipi Gupta | September 13, 2019

Although special needs planning can seem overwhelming, it is important to begin identifying what your son or daughter will need throughout his or her life and the what-ifs for when you are no longer there.


Step 1: What Will Be Needed?

  • A future needs assessment taking into consideration your child's disability and anticipated resources - either from public programs like Medicaid and SSI or through private funds. 
  • Tracking regular and intermittent expenses to give you a baseline that includes the costs associated with your child's day-to-day living
  • Contact nonprofits for people with disabilities that offer support and education as well as the invaluable opportunity to connect with and learn from the experiences of others.  
  • Get a...

By: Sipi Gupta | May 09, 2017

A Medicare Set-Aside is a trust or trust-like arrangement that is set up to hold settlement proceeds for future medical expenses. A specialized company evaluates your future medical needs, recommends an amount that should be set aside for future medical care, and the government approves the amount. The funds are then either placed in the Medicare Set-Aside account in one lump-sum or the account is funded with a "structured settlement annuity" that will refill the account over time. In either case, the administrator of the Medicare Set-Aside trust may use the funds only to pay for medical care related to your personal injury, leaving Medicare or your private insurance free to provide coverage for medical expenses that are not relat...

By: Sipi Gupta | May 01, 2017

Yes, but be aware that a co-trustee can be held responsible for another co-trustee’s breach of a fiduciary duty. Thus, it is important that all co-trustees pay close attention to everything that is done in the administration of the trust. If there is any question or problem, it should be communicated to the other co-trustee or co-trustees immediately. As a general rule, where there are two or more co-trustees, all have to agree on all matters of trust administration. However, the trust document may create a different standard for agreement, such as majority rule. In order to minimize the chances of being held responsible for someone else’s poor judgment or breach of duty, a co-trustee should be sure to make a written record of any points of...

By: Sipi Gupta | January 21, 2017

Divorce is never easy, but if a child or spouse with special needs is involved, there are special considerations. At the same time, family law attorneys aren't always familiar with how to best protect a spouse or child with special needs during a divorce.  Special needs planners can provide information to family law attorneys who may not understand the special needs planning vehicles that are available and the issues special issues families should take into consideration.


Because no two cases are alike, it is important to look at each case individually to ensure that a divorce does not leave the individual with special needs in an even worse position.  For example, if a court awards a spouse with special needs alimony, the income ...