Kershenbaum & Raffaele

MyKidsLawyer: The Legal Team for Students, Kids & Families.

Contact Us Today (610) 922-4200
Bryn MawrLancasterPhiladelphia

Special Needs Planning, Guardianships, Powers of Attorney & Living Wills

Special Needs Planning

Many people think estate planning is only relevant to wealthy individuals with millions of dollars. In truth, everyone can benefit from an estate plan. If your child has special needs, it becomes essential to protect them and their future.

We can evaluate available benefits, help maintain or obtain benefit eligibility, and design a plan that promotes independence and increases quality of life for you or your loved one. We may also be able to identify additional untapped resources that are available to meet your needs. We can help to ensure that you or your loved one is protected from unintended consequences after in the future.

Guardianships

In many cases a guardianship is required in order for a family member or other caregiver to continue to manage and provide for the needs of an individual with disabilities or a minor. We are experienced in the creation and administration of guardianships. In a court hearing with settlement funds, we can combine the guardianship process with a request for approval of the settlement claims, and creation of a Special Needs Trust and/or Medicare Set-Aside arrangement.

Powers of Attorney and Living Wills

A Durable Financial Power of Attorney is a written and revocable document that allows you to appoint another individual who is competent and at least 18 years old, called an attorney-in-fact, to act in your place. This document allows for such things as signing checks, making deposits, paying bills, contracting for medical or other professional services, selling property, obtaining insurance, and doing all the things that you could do in managing your own life, even if you become incompetent to handle your own affairs.

Similarly, a Durable Health Care Proxy is a written and revocable document that allows you to appoint another person who is competent and at least 18 years old, called a health care agent, to make decisions about medical care, including whether to sustain life support if health care providers determine that you are unable to make or communicate such choices yourself.

A Living Will is a revocable written document that describes the kinds of medical treatment you would or would not agree to if you were unable to make or communicate those choices yourself. This document provides valuable guidance to your health care agent or health care provider who is trying to make important health care decisions.