Special Needs Planning
If you have a loved one with a disability, there are services we offer to help you in the present and in the future.
Special Needs Trust
If you have a family member with a disability, a Special Needs Trust (SNT) is a specific type of trust that should be of interest to you. A SNT is a way for you to ensure that your loved one with a disability can receive money without endangering their eligibility with public disability benefits, such as Medicaid and Social Security Benefits.
If you have a child who you believe cannot make legally binding decisions due to a mental disability, we can help you by placing your child under a Continuing Tutorship. After a mentally disabled child turns 18 years old, the State of Louisiana perceives them as being an adult with the capacity to make their own legally binding decisions without a tutor’s authority.
If you believe that your child cannot make those important decisions by themselves due to their mental disability, we can help you by placing them into a Continuing Tutorship. A Continuing Tutorship is available if your child is above the age of 15 and has “less than two-thirds of the intellectual functioning of a person of the same age with an average intellectual capacity.” La. Civ. Code Ann. art. 355
Placing your child under a Continuing Tutorship is much faster and simpler if this is completed before they reach 18 years old. You, as Natural Tutor, would essentially need to file a petition and an Affidavit from the parish corner attesting to the fact that your child meets the requirements to be placed under a continuing tutorship. However, if you desire to place your child under a Continuing Tutorship after they turn 18 years old, it is a much lengthier and involved process, including a court hearing.
It is important to know that once your child is placed under a Continuing Tutorship, they will not be able to make legally binding decisions, including entering into a contract and managing their own finances.
For more information on Louisiana Special Needs Planning, schedule a free consultation by calling our firm at 504-309-3304 or contact us online.