SPECIAL NEEDS PLANNING

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Powers of attorney, advanced healthcare directives, Conservatorships and special needs trusts are legal tools that can help you provide continued care to your special needs child turning 18.  Silva Law will explain the pros and cons of these legal tools in order to assist your family in making the best decisions to continue to care for your child past the age of majority.

By law, all parents have decision-making power over their own minor children. In Tennessee, the term guardianship is used to describe the legal relationship between minor children and their parents. The law does not distinguish between children with intellectual or developmental disabilities and those without a disability. All children up to the age of eighteen are under their parents’ guardianship.  

Perhaps you are a parent with a disabled child and you are wondering how you are going to continue to help care for and protect your less-abled child when they turn 18.  Silva law will discuss the needs of your family with you and help you determine which options are best for your family.  Important considerations are the cognitive capability of the child, how much the parents see a continued need to be involved in the child’s financial and medical decisions, whether the child needs outside care, such as an assisted-living facility or companion-care home, and the parent’s financial resources.  With compassion and experience, Silva law works with families with children with down syndrome, autism spectrum disorder, intellectual disabilities, and other conditions impacting mental capacity to come to a solution that brings them peace of mind.

Conservatorship for a Child with a Disability who is turning 18:  If your child with a disability is turning 18 and is unable to make their medical and financial decisions, it is important to obtain Conservatorship so that you can continue to assist and protect your child.  Silva Law frequently assists families with obtaining Conservatorship of their minor child turning 18.

Special or Supplemental Needs Trusts:  A Special Needs trust is a type of trust that preserves the beneficiary's government benefits such as Medicaid and Supplemental Social Security Income.  "First party" special needs trusts are funded with assets or income that belong to the person with the disability and are often funded by personal injury settlements or inheritances.  "Third party" special needs trusts are funded by someone other than the beneficiary and are usually funded by parents or grandparents.

For assistance with Special Needs Trusts or planning for Special Needs Children Turning 18, contact Nashville elder law attorney Meredith Silva via email at meredith@msilvalaw.com 

or call her at 615-258-5541.