Experienced legal guidance is critical when securing the best possible future and well-being of your adult child with special needs. Niebler Pyzyk understands the unique challenges and concerns families face while seeking ongoing care and support for their loved ones. Our team of expert special needs planning attorneys specializes in developing the best plan for your family whether it involves powers of attorney, special needs trusts, or conservatorships. We are committed to providing comprehensive legal solutions tailored to your family’s needs. With our expertise and compassionate approach, we’ll help you navigate legal intricacies and move toward securing a stable future for your child and your family. Contact Niebler Pyzyk today to discuss your unique situation and take the steps towards peace of mind.
Powers of Attorney for Adult Children
When a child with special needs turns 18 years old, they legally become an independent adult even if they are not capable of living independently. As a parent, you will no longer have the legal right to make important medical, financial, educational and other decisions for your child as you did previously. Having powers of attorney in place is crucial to ensure parents can continue assisting and caring for adult children with special needs. There are two critical forms of powers of attorney.
A medical power of attorney grants parents the ability to make healthcare decisions for their child if he or she is unable to make those choices independently, ensuring vital medical care is not delayed or denied simply because the child is unable to effectively communicate his or her needs.
A financial power of attorney allows parents to manage finances, pay bills and conduct transactions on behalf of an adult child who is unable to make his or her own decisions.
Having these important legal documents proactively prepared ensures your child does not experience a lapse in care or support after they have turned 18. Even though a child with special needs may legally be an adult, persons with developmental delays, disabilities or other special needs may still rely heavily on the support of parental care, guidance and decision-making. Powers of attorney help bridge the abrupt legal gap that occurs when children with special needs reach adulthood.
Conservatorship vs. Powers of Attorney
A conservatorship is another form of legal arrangement in which someone is granted the ability to make decisions on behalf of a legal adult. While the role of a conservator can be similar to a power of attorney, there are some significant differences.
- A conservatorship is an involuntary judgment in which someone is given decision-making power by a court, while a power of attorney is voluntarily given by the principal.
- A conservatorship can only be terminated by the court, while a power of attorney can be terminated by the principal as long as he or she remains in sound mind.
- An individual who has been assigned a conservator in Wisconsin is referred to as a ward. The ward cannot override the conservator’s decisions. A principal who has created a power of attorney, however, can still make their own decisions as long as they remain mentally competent.
- A conservatorship is created after the ward is found to be incapacitated or unable to make their own decisions, while a power of attorney is ideally created prior to incapacitation.
If you have questions about conservatorships or creating a power of attorney, contact Niebler Pyzyk. We’ll guide you on your best steps and help you determine your best course of action for the safety of your adult child with special needs.
Supplemental Needs Trusts
A supplemental needs trust is a third-party trust, meaning the trust is funded by a third party for the benefit of an individual with disabilities. There are no age limitations for the beneficiary to establish or fund a supplemental needs trust, and there is no reimbursement of benefits requirement with a supplemental needs trust upon the beneficiary’s death.
Niebler Pyzyk has extensive experience setting up trusts to protect your loved one’s public benefits while also providing for his or her supplemental needs. We understand the critical differences between special and supplemental needs trusts and will assist you in providing for your family’s unique situation.
Pooled trusts are a type of special needs trust used to allow beneficiaries with disabilities to shelter assets without losing eligibility for needs-based government programs. Pooled trusts are managed by non-profit organizations, such as WisPACT and Life Navigators in Wisconsin, and the funds do not count toward asset limits for benefit programs such as Medicaid or SSI. Individuals with disabilities may be able to use a pooled trust in order to access supplemental funds without losing their needs-based government benefits.
Milwaukee's Premier Special Needs Planning Attorneys
Contact Niebler Pyzyk to discuss your or a loved one’s eligibility for access to a pooled trust. We have extensive experience setting up trusts to protect your loved one’s benefits while providing for his or her supplemental needs. We understand the critical differences between special and supplemental needs trusts and will assist you in providing for your family’s unique situation.
We serve the greater Milwaukee area from our convenient Menomonee Falls location including Waukesha, Brookfield, Glendale, Mequon, Germantown, Grafton, Cedarburg, Wauwatosa, Hartland, Pewaukee, Sussex, Oak Creek, New Berlin, Oak Creek, West Allis, West Bend, Port Washington & the surrounding communities.