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Home » special needs planning

special needs planning

When Should You Talk to an Estate Planning Attorney about Creating Your Estate Plan?

April 24, 2019 by Stephen A. Mendel, Estate Planning Attorney

Creating an estate plan is a bit like going to the dentist; in that most of us know we should do it, but there's always an excuse to put if off a little while longer. In fact, over half of all Americans have yet to create an estate plan. One common excuse people give for not having an estate plan is they don't yet need one. So, when should you talk to an estate planning attorney about creating your estate plan? The answer is simple. Every adult should have at least a basic estate plan in place. … [Read more...] about When Should You Talk to an Estate Planning Attorney about Creating Your Estate Plan?

Filed Under: Estate Planning Tagged With: asset protection, avoid probate, Estate Planning, incapacity planning, LGBTQ Planning, pet planning, special needs planning, Texas estate planning attorneys

First Party Special Needs Trust in Houston Texas

December 9, 2015 by Stephen A. Mendel, Estate Planning Attorney

If you have a special needs individual in your family then you likely already know there are numerous challenges involved in caring for someone with special needs. Often, those challenges are financial. Unless you are operating with extremely deep pockets, there is a good chance that your special needs family member will need to depend on assistance from one or more of the federal and state assistance programs.  Qualifying for those programs, however, can get tricky if your special needs loved … [Read more...] about First Party Special Needs Trust in Houston Texas

Filed Under: Special Needs Planning, Trusts Tagged With: first party special needs trust, special needs planning, special needs trust, special needs trust in houston texas

OOH-DNR Orders in Texas: Part 3 of 3

December 18, 2013 by Stephen A. Mendel, Estate Planning Attorney

Similar to estate planning testamentary formalities, you must comply with the statutory formalities required for DNR Orders. You must sign your DNR-OOH Order in front of at least two witnesses. If you are unable to sign the document and authorize someone else to sign it on your behalf, the third-party signing agent must do it in front of at least two witnesses. In some circumstances, you may also be able to sign in front of a notary if you cannot find two witnesses, but the notary may not be … [Read more...] about OOH-DNR Orders in Texas: Part 3 of 3

Filed Under: Elder Law, Estate Planning, Incapacity Planning, Long Term Care, Special Needs Planning Tagged With: incapacity planning, long term care, nursing homes, Power of Attorney, special needs planning

OOH-DNR Orders in Texas: Part 2 of 3

December 11, 2013 by Stephen A. Mendel, Estate Planning Attorney

In the last blog, we discussed why you would want to draft an OOH-DNR or Out-of-Hospital Do-Not-Resuscitate Order as part of your estate planning documents. Now, we will cover what is necessary to create a valid order. First, you must be at least 18 years old to create a valid OOH-DNR Order and be mentally competent, which requires you to be of sound mind when signing and creating the document. At the very least, you should be able to understand that what you are signing and its implications. … [Read more...] about OOH-DNR Orders in Texas: Part 2 of 3

Filed Under: Elder Law, Estate Planning, Incapacity Planning, Long Term Care, Special Needs Planning Tagged With: incapacity planning, long term care, nursing homes, Power of Attorney, special needs planning

OOH-DNR Orders in Texas: Part 1 of 3

December 4, 2013 by Stephen A. Mendel, Estate Planning Attorney

Also known as “Do Not Resuscitate” Orders, DNRs allow you to order doctors or other hospital personnel to withhold treatment in certain situations. Talk to our office about making a DNR Order a part of your estate planning documents. Texas recognizes In-Hospital DNRs and Out-of-Hospital DNRs. Although similar, Out-of-Hospital DNR Orders direct nonhospital staff, including emergency medical personnel. Typically, emergency medical personnel refer to paramedics and hospital emergency room … [Read more...] about OOH-DNR Orders in Texas: Part 1 of 3

Filed Under: Elder Law, Estate Planning, Incapacity Planning, Long Term Care, Special Needs Planning Tagged With: incapacity planning, long term care, nursing homes, Power of Attorney, special needs planning

Don’t Count on Social Security Disability

September 5, 2012 by Stephen A. Mendel, Estate Planning Attorney

It seems like almost every year there is news that Social Security is going to run out of money. Most people have become immune to the stories and no longer pay attention. However, parents of children with special needs, need to pay attention this time. The Washington Post, hardly an alarmist newspaper, has reported that the Social Security Disability Trust fund will run out of cash in 2016. You need to make an estate plan for your children now. Special needs children require lifetime care and … [Read more...] about Don’t Count on Social Security Disability

Filed Under: Estate Planning, Special Needs Planning Tagged With: social security, special needs planning

What is Special Needs Planning?

December 7, 2011 by Stephen A. Mendel, Estate Planning Attorney

Are you the parent of a special needs child or the caregiver of a family member with special needs? Are you concerned about their future should something happen to you leaving you incapacitated, or ever what might happen following your passing? These are not uncommon concerns, even for those who are not parents. Even if you are a loved one with a family member who has special needs, these concerns are ever-present. What is going to happen? What can we do to prepare? Special needs planning is a … [Read more...] about What is Special Needs Planning?

Filed Under: Special Needs Planning Tagged With: Estate Planning, estate planning attorney, estate planning lawyer, incapacity planning, life insurance, medicaid, special needs planning

Put the Proper Estate Plan Tools Into Place

November 30, 2011 by Stephen A. Mendel, Estate Planning Attorney

There are a large number of estate planning tools your estate planning lawyer is experienced with, and understands that you are not. Because there are so many options to explore and tools to put into place, it will be necessary to meet with your estate planning lawyer regularly until everything is complete. Even then, meetings will follow regularly in order to keep all the documents up to date. Often times, people believe they only have to worry about their estate plan during the planning … [Read more...] about Put the Proper Estate Plan Tools Into Place

Filed Under: Estate Planning Tagged With: asset protection planning, blended families, creating a Trust, Creating a will, estate planning lawyer, financial planning, funeral arrangements, Guardianship, healthcare directives, probate, probate court, retirement planning, revocable living trusts, revocable trusts, special needs planning

Why You Might Want to Consider a Pooled Special Needs Trust

July 27, 2011 by Stephen A. Mendel, Estate Planning Attorney

If you are the parent of a disabled child, or if you help  support a loved one with special needs, a special needs trust can be an effective – even essential – tool. Special needs trusts help to ensure that your loved one’s Medicaid or Supplemental Security Income won’t be jeopardized by an inheritance or, in the case of a disability caused by someone else’s actions – by a personal injury settlement. Strict Rules In order for a special needs trust to protect a disabled person’s benefits, the … [Read more...] about Why You Might Want to Consider a Pooled Special Needs Trust

Filed Under: Estate Planning, Special Needs Planning Tagged With: special needs planning

Establishing a Care Plan for Your Special Needs Child

January 17, 2011 by Stephen A. Mendel, Estate Planning Attorney

Think about all the details you know about your child and his or her life. As the parent of a child with special needs, there are some things that only you know. And, if you weren’t there, that information would be lost. What impact would that have on your child’s life? A care plan can ensure that all the important information about your child, down to the smallest detail, is communicated to his or her guardian or trustee. Often done in the form of a Letter of Intent, a care plan is simply a … [Read more...] about Establishing a Care Plan for Your Special Needs Child

Filed Under: Special Needs Planning Tagged With: special needs planning

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