Special Needs Planning and Guardianship
Our special needs department is dedicated to supporting individuals with disabilities. We strive to help your family navigate the complex landscape of raising a child with developmental disabilities.
Article 17-A Guardianship
When a child turns 18, they become their own legal decision-maker under New York law, even if they are unable to safely make medical, financial, or personal decisions independently.
Our Services Include:
Determining whether 17A Guardianship or an alternative is appropriate.
Preparing and filing all guardianship paperwork.
Guiding families through the court process from start to finish.
Preparing Alternatives to Guardianship when appropriate: Powers of Attorney, Health Care Proxies, HIPAA Authorizations
Alternatives to Guardianship
If an individual is higher functioning, guardianship may be too restrictive. In this case an Advance Directives Packet may be appropriate.
This includes a Health Care Proxy, a Power of Attorney and a HIPPA release form.
Our attorney, Malkie Scher will meet with you to help make this determination.
Special Needs Planning Includes:
Draft your estate plans and wills with special needs planning in mind.
Set up Third-Party and First-Party Supplemental Needs Trusts.
Coordinate with financial advisors, accountants, and personal injury attorneys to ensure trusts are funded correctly.
Advising families on inheritances, gifts, and settlements, and how they may affect Medicaid and SSI eligibility.
Supplemental Need Trusts
Estate planning for a child a disability can help preserve government benefits while providing financial security for the future.
01
Initial Consultation
Talk to someone who can fully understand your unique circumstances.
02
Customized Legal Strategy
Our attorney will work with you navigating the complexities of special needs planning, preserving eligibility for government benefits.
03
Drafting Trusts & Documents
We will draft the trust in accordance with your preferences and the law.
04
Funding & Implementation
We help you put the plan in place correctly.
05
Ongoing Updates
We review and adjust your plan as laws and needs change.
Answers to What Families Ask Most
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Article 17-A is a legal process in which a guardian is appointed over an adult with an intellectual or developmental disability. This process gives the guardian to make personal, medical, and financial decisions for an individual if they can not manage their own affairs.
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The guardianship process can be lengthy. It is advisable to start six months before turning 18 to ensure it is completed on time.
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Yes. If someone is cognitively intact but has a chronic physical disability and is eligible for SSI and Medicaid, a Special Needs Trust can help protect their assets while preserving their eligibility for those important government benefits.
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Medical treatment not covered by insurance. therapy, private aids, clothing, recreational activities, vacations, entertainment and much more.
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No. By opening a special needs trust you can leave money to your child with disabilities without losing their government benefits.
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The main difference is how the trusts are funded. In a first-party trust the funds come directly from the individual often through inheritances, or legal settlements. Third-party trusts are funded by someone other than the beneficiary such as parents, grandparents or other relatives.
Guardianship and Special Needs Planning Seminar
Malkie regularly presents educational seminars for parents, schools, care managers, and community organizations.
Her goal is to make complicated legal topics easier to understand so families can confidently make informed decisions.
If you’d like to connect with Malkie about presenting a webinar please feel free to reach out. 212.419.0118 X120 or 17a@moskowitzlegalgroup.com
Our goal is simple: explain the law clearly, answer your questions honestly,
and help your family put the right legal plan in place.
Additional Elder Law Services
A Fully Integrated
Legal Plan
Beyond special needs planning, we offer comprehensive elder law services that protect your family and preserve your legacy.
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Serving all counties in New York