Aurora Special Needs Planning Attorney

Trusted Special Needs Planning Lawyer in Aurora, CO

The Limbaugh Law Firm has been supporting individuals in Aurora with disabilities for over 25 years. A disability may impact your daily movement and activities, require significant daily care, and have many long-term treatment costs and concerns. When you hire an Aurora special needs planning lawyer, they can address your immediate and long-term needs. They can also take intentional steps to safeguard your finances and plan for your medical care. 

If you are a family member and/or the caretaker of someone who has a disability, special needs planning is important. When consulting an attorney, you can outline your goals to protect the well-being and financial abilities of the individual with a disability that you are caring for. 

The Limbaugh Law Firm: Your Aurora Special Needs Planning Attorney 

There are many attorneys who offer special needs planning. The Limbaugh Law Firm is unique in its personal experience within the disability community. It is essential that you secure thoughtful legal advice during special needs planning. At The Limbaugh Law Firm, we can provide you with intentional and clear legal representation. We can also provide knowledgeable counsel so you can make informed choices. Special needs planning will identify the needs and wishes of individuals with a disability, often with the support of their families. Our firm has the knowledge and experience to help families in Colorado navigate these sensitive but essential plans. 

Our firm can help you protect your finances, determine your options for paying for your medical treatment, and outline eligibility for certain benefits. We want to create a plan that meets your needs and explain your legal rights during the process. We firmly believe that everyone has the right to dignified and high-quality care. Our team can tailor our services to your unique situation. 

What Is Special Needs Planning? 

11.3% of the population in Aurora has a disability, and these disabilities include 4.9% that are ambulatory, 4.7% that are cognitive, and 1.3% that involve self-care. For both individuals with a disability and their caretakers, special needs planning is crucial when preparing for the future, emergencies, and inevitable outcomes. 

Individuals with a disability need to know the rights that they have under special needs planning laws. They also need to determine and outline their goals for the future. The right attorney can make this process more straightforward. 

Common Concerns in Aurora Special Needs Planning Cases 

Some crucial concerns and considerations in special needs planning may include: 

Special Needs Trusts 

This is an essential element of special needs planning for individuals with a disability. A trust is a legal entity that holds assets. When you name someone else as the trustee, those assets are not counted as your own income and assets. 

This is important for individuals with a disability who rely on public benefits/waiver services to meet daily needs but exceed limits for assets or income. This may be relevant for Social Security benefits, Medicaid benefits, or other governmental aid. 

The assets held in a trust can provide for important needs that are not covered by public benefits, from additional care needs to quality-of-life improvements. These could include: 

• Additional medical care  

• Equipment, improvements, and mobility aids 

• Therapy and counseling 

• Independent checkups 

• Insurance 

• Recreation and travelling 

• Transportation 

• Legal costs 

• Education 

• Training 

Special needs trusts are also useful when an individual with a disability is no longer capable of managing their own affairs. It allows loved ones to retain those assets for the individual and ensure fiduciary responsibility for their assets.  

By creating this trust with an Aurora special needs trusts attorney, you can examine the advantages and potential drawbacks of this type of trust. An attorney can lay out the benefits of the trust for you, along with what it can be used for. Your Aurora special needs trusts attorney can also make sure you have the right type of trust to protect your family’s long-term financial needs. 

Estate Planning 

Estate plans include several documents, including a special needs trust. Besides this document, there are many other important parts of special needs estate planning, such as: 

• Advanced directives/a living will can state the medical treatment you consent to or refuse to consent to. 

• HIPAA authorization enables medical providers to release healthcare information to specific people you authorize. 

• Durable powers of attorney let you choose who you want to help manage medical or financial decisions and they can avoid the need for a guardianship or conservatorship. 

• A last will and testament can outline the distribution of your assets. 

An attorney can help you create a comprehensive estate plan that considers your unique situation. 

Public and Private Benefits Eligibility 

In the nation, there are nearly 11.2 million people receiving Social Security or Supplemental Security Income (SSI) benefits. An attorney can review the benefits you are eligible for, both public and private, and determine how to effectively use them to finance your needs. This includes paying for long-term care, medical needs, and general living expenses. 

Advocacy 

An attorney can explain your rights and advocate for your specific needs. In discussions about your care and future, it’s crucial that you have the support needed to enforce your rights. 

Guardianships and Conservatorships 

Guardianships and conservatorships have benefits and drawbacks. These arrangements are necessary for someone who cannot manage some or all of their own affairs, and they can provide crucial protections. Unfortunately, they can also be used incorrectly. It’s important that all parties have legal counsel, understand their rights and abilities, and can petition the court for their interests. 

A guardianship is filed with the district court where individual proposed to be protected by the guardianship, lives. In Aurora, this may be: 

• The 18th Judicial District Arapahoe County Probate Court  

• The 17th Judicial District Adams County Justice Center 

Coordination 

Effective special needs planning needs to consider the input from several professionals to truly meet all your needs. This includes coordinating with accountants, financial planners, medical professionals, and your attorney. A skilled attorney knows how to manage this plan coordination, minimizing any stress and confusion for you. 

Hire a Special Needs Planning Lawyer in Aurora 

There are several complex aspects of special needs planning, and The Limbaugh Law Firm, can help you navigate them in Aurora. We aim for clear and upfront legal care; we can explain each step and answer all your questions. 

Our team understands the importance of this planning for your personal and financial future, so we can handle it with the importance you deserve. We have upfront pricing and offer free initial consultations. Contact The Limbaugh Law Firm.