Individuals with disabilities, their families as well as professionals who represent them, face a host of unique legal issues and other challenges unfamiliar to most of their peers.

Disability can strike suddenly and unpredictably, such as a result of an automobile accident. Or it can occur slowly, as in dementia or various disabling diseases. Unfortunately, when people do not plan for disability, court proceedings are often necessary to establish a guardianship of the person and/or the person’s estate. These proceedings can be expensive and time-consuming. To help avoid guardianships, all estate plans should include planning for disability. At a minimum this means preparing a health care proxy, living will and a durable power of attorney for finances.

Disability and other special needs often limit a child’s capacity to become independent and financially secure as an adult. Many children with special needs must be supported their entire lives, long after their parents have died. Planning for who will step in for parents when they are no longer able to care for a special needs child can make all the difference in the life of a child with a disability. This includes naming guardians, creation of special needs trusts and other management structures to assure that inheritances do not jeopardize government benefits the disabled child may be entitled to, choosing agents to assist with the disabled child’s care and finding suitable housing as necessary.

The Law Office of Stephanie Konarski can help you plan for the future and security of a special loved one with a disability to assure that your loved one will always have a friend, advocate and protector of their legal rights, insure that your loved one’s governmental benefit are never altered, diminished or destroyed and ensure that they will have a meaningful and dignified life after you are gone.

If you have a disability, the Law Office of Stephanie Konarski can help you gain access to public services, avoid guardianship and provide for management of funds you may have, whether from your job, from inheritance or stemming from the settlement of a personal injury case.

For more information on disability and special needs planning or to discuss your particular situation, please contact us to schedule a confidential consultation.

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