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Experienced Ohio Special Needs Estate Planning Attorney

Parents (or others) who care for a child with a disability are in the unique position of needing to plan for the duration of the life of the child. We assist parents in Cuyahoga, Portage, Medina, Summit, and Stark counties, and indeed throughout Ohio, with comprehensive special needs estate planning. 

Common Beliefs

Parents of a child with a disability sometimes believe that it is best to leave their assets to a sibling or other relative of the child with special needs, to allow that person to care for the child once they themselves are gone. Unfortunately, this does not protect the child in the instance when the caregiver divorces, dies, or becomes financially distressed.

Another way parents aim to provide for their child with special needs is by the creation of a "general needs" trust. However, unless the trust is specifically written as a "supplemental needs trust" or a "special needs trust" (particular to the unique rules in Ohio), it will likely disqualify the beneficiary from receiving Medicaid or SSI benefits when he or she most needs it.

Solutions

As part of their overall estate planning, parents can create a trust for the benefit of their special needs child which will meet the unique needs of their child for his or her lifetime, as well as to potentially allow the child to remain qualified for Medicaid and SSI benefits. These tools are several in nature, and are generally referred to as Ohio Statutory Supplemental Needs Trusts, Supplemental Services Trusts, Special Needs Trusts, Third Party Trusts, etc. The benefits of these trusts include:

• Parents choose who will manage the assets, with specific guidelines.
• Parents prepare a "Life Plan".
• Assets are shielded from the child's creditors.
• The unique needs of the child can be met, beyond what the government may provide.
• The trust can be drafted so as to not disqualify the child from Medicaid or SSI.

Even small amounts in an Ohio Special Needs Trust can make a huge difference in the life of a child with a disability. While Medicaid may pay for basic living expenses, a special needs trust can give the child financial security, and allow him or her with additional benefits such as a adaptive technologies, wheelchairs, caregivers, computers, entertainment, trips, transportation, or other expenditures that will uniquely benefit the child and which would not otherwise be available.

This area of law is quite specialized, and full of pitfalls.  Ohio law has dramatically changed in the last three years. Only an attorney that regularly deals in this area of law should be consulted. 

If you are looking for a way to care for your disabled child after your death, contact us for knowledgeable representation and legal advice.

From his office in Hudson, Ohio, David G. Umbaugh of Day Ketterer provides representation to clients located throughout Cuyahoga, Portage, Medina, Stark, and Summit counties, including the communities of Cleveland, Parma, Ravenna, Medina, Canton, Akron, Stow, Cuyahoga Falls, Twinsburg, Northfield, Bath, Montrose, Fairlawn, Solon, Beachwood, Brecksville, and Macedonia.

David G. Umbaugh of Day Ketterer
5 East Main Street
Hudson, Ohio 44236
Phone: (330) 650-6608
Fax: (330) 650-1185
du@davidumbaugh.net