Special Needs Planning
Special needs trusts, Medicaid planning, and interdictions for disabled loved ones.
Special Needs Trusts
Individuals with special needs require planning to ensure that they are able to access government benefits provided to those in need – benefits that may be critical to their wellbeing and their family's ability to care for them. At Bondurant Law, we are able to provide expert advice related to third-party special needs trusts that allow families to provide for their loved ones while protecting their benefits, as well as first-party special needs trusts for individuals who desire to protect their own benefits.
Long Term Care and Medicaid Planning
Long term care needs are critically important to discuss as one ages. Many individuals do not have sufficient assets to cover their potential long term care costs, and desire to protect the little they have in the event of the need for assisted living. At Bondurant Law, we provide advice regarding ways to plan for Medicaid qualification for long term care.
Handling Powers of Attorney with Expertise and Care
A Power of Attorney allows you to appoint someone you trust to make important decisions on your behalf in case you become incapacitated. This can, in some cases, be the most important document in an estate plan. A well-drafted Power of Attorney ensures that your affairs are handled according to your wishes and provides peace of mind for you and your loved ones.
Interdictions
Individuals who cannot or do not have the ability to decide matters for themselves sometimes need a court appointed guardian, called a curator in Louisiana, to make their legal decisions for them through the process called interdiction. At Bondurant Law, we are experienced in handling both contested and uncontested interdictions and are able to guide families with compassion and care for their disabled loved ones.
Frequently Asked Questions
Find answers to common questions about special needs planning and our services.
Absolutely! We offer consultations to discuss your legal needs and provide tailored legal advice. Contact our office to schedule an appointment with one of our experienced attorneys.
No. Long term assisted living care is not covered by Medicare, which is a common misconception. Long term care can be paid by the Medicaid program, which is only for those who have insufficient assets and income. Some individuals may have more than what is allowed to qualify for Medicaid, but not enough to really cover their care. In those cases, advanced planning can help. Importantly, planning should be done at least five years before long term care is needed. Contact us to discuss your needs.
If your loved one has lost the ability to make their own decisions, then you may need to pursue an interdiction. Interdiction is a court proceeding by which one party is appointed as the legal representative, called a curator, over an individual who is unable to make their own decisions. We handle interdictions with care and compassion to ensure that all parties are treated with dignity and respect.
A special needs trust is a trust designed to supplement the needs of a disabled beneficiary while ensuring they are still able to qualify for needs-based government benefits, such as Supplemental Security Income or Medicaid. These trusts come in two main forms, a first-party special needs trust, created with the disabled individual's own funds, and a third-party special needs trust, created by a friend or family member for the benefit of their disabled loved one. Contact us to discuss whether a special needs trust is right for you.
No. If you can afford to pay for the costs of assisted living, the government will not be involved in the payment for your long term care. For those who may not have enough income or cash to pay for long term care, they may qualify for Medicaid to pay for that care, but Medicaid has the right to place a lien against the individuals' home after they die to recover the amounts paid by Medicaid. Medicaid advanced planning can help those who may have concerns about being unable to afford long term care. Contact us to discuss details.
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Caring Interdictions Consultation
Contact us today to discuss your Interdictions and Lack of Capacity needs and find the best solutions.