Are you planning for a loved one with a disability in Spokane Valley, Washington? A Spokane Valley special needs and guardianship lawyer at Elevated Estate Planning, P.S. can help you understand your options for protecting their future. Call our firm today at (509) 328-2150 to schedule an initial consultation and discuss a plan tailored to your family.
Special needs planning can involve much more than deciding who receives property. Families may need to consider decision-making support, long-term care, public benefits, financial management, and what will happen when a parent or caregiver can no longer provide assistance.
Why Choose Elevated Estate Planning, P.S. to Help With Special Needs and Guardianship Planning in Spokane Valley, WA?
The attorneys at Elevated Estate Planning, P.S. have 25 years of combined experience helping families prepare for the future. We assist clients with special needs and guardianship matters throughout Spokane Valley, WA, and can help you evaluate the legal tools available to support and protect your loved one.
Our Spokane Valley estate planning attorneys can help with:
- Special needs trusts
- Guardianship proceedings
- Conservatorships
- Supported decision-making arrangements
- Powers of attorney
- Estate planning for parents and caregivers
- Planning for public benefits
- Long-term financial planning
A Spokane Valley family law attorney can help you determine which options provide appropriate protection while preserving as much independence as possible. Contact us today to schedule an initial consultation.
What Is Special Needs Planning?
Special needs planning helps families prepare for the financial, personal, and legal needs of a person with a disability. A plan may address where the person will live, how expenses will be paid, who can provide assistance, and how an inheritance should be managed.
Public benefits can also play an important role. Some programs have financial eligibility requirements, meaning an inheritance or other financial windfall can potentially affect a person’s benefits. Depending on the circumstances, tools such as a special needs trust or ABLE account may help manage assets while protecting eligibility for certain programs.
Planning early can also help parents and other caregivers prepare for a time when they are no longer able to provide the same level of support.
What Is an Adult Guardianship in Washington?
A guardian is a person appointed by a court to make certain decisions concerning another person’s personal affairs. Washington law presumes that adults are capable of managing their own affairs, so having a disability or medical diagnosis alone is not enough to justify guardianship.
A court may appoint a guardian when clear and convincing evidence shows that an adult cannot meet essential needs involving physical health, safety, or self-care. This may occur when the adult cannot receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technology, or supported decision-making. The court must also find that the person’s needs cannot be met through a less restrictive option.
When guardianship is appropriate, Washington law requires courts to grant only the powers necessary based on the person’s demonstrated needs.
What Is the Difference Between Guardianship and Conservatorship?
Guardianship and conservatorship serve different purposes under Washington law. A guardian generally has authority over certain personal matters, while a conservator is appointed to manage property or financial affairs.
A person may need help making decisions about health, safety, housing, or personal care without needing someone else to manage all financial matters. An individual could need support for financial security and bill payments, yet retain the ability to make personal choices.
Washington recognizes both full and limited guardianships and conservatorships. Courts are directed to grant only the authority needed to address the person’s demonstrated limitations, helping preserve independence when broader intervention is unnecessary.
Are There Alternatives to Guardianship in Washington?
Yes. Washington law recognizes several less restrictive alternatives to guardianship. These options may provide needed assistance while allowing an adult to keep greater control over personal decisions.
Possible alternatives include:
- Supported decision-making
- Powers of attorney
- Representative payees
- Technological assistance
- Other appropriate supportive services
- Protective arrangements ordered by a court
Supported decision-making allows an adult with a disability to choose someone to help understand information, consider options, and communicate decisions without giving that supporter the authority to make those decisions for the adult.
Washington courts cannot impose broader guardianship powers when a limited guardianship, protective arrangement, or another less restrictive alternative would adequately address the person’s needs.
How Can a Special Needs Trust Help?
A special needs trust can be an important part of planning for someone who receives or may need means-tested public benefits. Depending on the type of trust and circumstances, assets can be held and managed for the person’s benefit without being treated the same way as assets given directly to that individual.
This can be especially important when parents or relatives want to leave an inheritance. Leaving money directly to a person who receives certain benefits could affect eligibility, depending on the program and amount received.
Special needs trusts are subject to detailed legal requirements, and different types of trusts serve different purposes. Families should carefully consider how a trust fits with the beneficiary’s benefits, needs, other assets, and overall estate plan.
Contact a Spokane Valley Special Needs and Guardianship Lawyer for an Initial Consultation
Planning for a loved one with special needs can involve difficult decisions about independence, finances, public benefits, and long-term care. Understanding the available legal tools can help you create a plan that provides support now and in the future.
Elevated Estate Planning, P.S., can help your family evaluate the legal tools available for special needs and guardianship planning. Contact us today to schedule an initial consultation with a Spokane Valley special needs and guardianship attorney.