Part V - Where to Start - Start with a 75% Commitment

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ContactCiminelli & Ciminelli or find a competent attorney in your area and committo drafting and signing a Basic Plan.
A75% Plan will cover "The Basics"
·       A Will - A will with carefully draftedinstructions for distribution of your estate upon death could provide for theestablishing of a Special Needs Trust.  Agood addition would be a Letter of Intent, though not a legal document, thisdocument would provide very valuable detailed information about your wishes forthe future care of your loved one.·       A Simple Special Needs Trust - The trust canbecome effective upon your death (Testamentary Trust), but there are advantagesto establishing the trust now (Inter Vivos Trust)·       Power of Attorney - A power ofattorney, either financial or medical, gives another person the right to makedecisions for you should you become incapacitated.  Include provision that permits in advancetransfer of assets for Special Needs Trust funding where needed.  This transfer of assets to a Special NeedsTrust set up for a disabled individual does not create a period ofineligibility for either Social Security Insurance or Medicaid.  Anyone can make an exempt transfer to aqualifying trust for an individual who qualifies as disabled and who is underage 65.·       Medical Directives to reduce therisk of guardianship and loss of funds.  It is a legal document that allows you todesignate a person to serve as your health care agent, allows you to make someselections regarding the kind of treatment or care you want provided in thefuture.
The future is uncertain and having abasic plan in place is better than not having a plan at all.  A very high percentage of families that havechildren with disabilities, maybe as high as 80%, never prepare even a basicplan.
Itis critical to have a basic set of documents signed and effective.  Suddendeath or is one worry, but a high percentage of primary caregivers suffer severedisability or mental incapacity themselves.
The75% plan is an acceptable stop-gap while working towards a complete plan.  With the Basic Plan in place, it is now important tokeep moving toward the 99% or complete plan.  The closer you move to this goal, the more youwill maximize the benefits and opportunities of good planning and minimizethe risks of poor or incomplete planning. 
Asalways, feel free to contact our offices at (585) 235-0980 to discuss anyquestions or comments.  Also, visit ourwebsite at www.CiminelliLaw.com.