Special Needs Attorney in Raleigh

Local Support & Resources in Raleigh

Raleigh offers an array of resources and support systems for families planning for special needs. Programs such as the North Carolina Division of Aging and Adult Services provide additional aid to ensure families receive all available benefits and guidance in care planning. Utilizing these resources in conjunction with professional legal advice is critical in establishing a comprehensive plan that addresses the multifaceted challenges of special needs planning.

By leveraging both local and state aid, we're able to create a plan that encompasses all necessary care components. Our role at Oak City Estate Planning extends beyond legal assistance; we are committed to guiding you through the entire process, ensuring you always have access to the best resources to support your loved one with special needs.

Special Needs Support that You Can Count On

At Oak City Estate Planning, we are compassionate to the needs of those with special needs and their families. We understand the inevitable stress that comes with worrying about the future of your loved one who is unable to care for themselves. Our team is ready to give you the peace of mind you and they deserve. Our Raleigh special needs planning lawyer can help you explore the entirety of your options when looking to protect the financial security of your loved one. Beyond just crafting legal documents, we also focus on empowering you with knowledge and strategies tailored to Raleigh's unique landscape, ensuring all options available are considered and the best path forward is chosen for your family's specific circumstances.

Applying for Essential Government Benefits

Proving that your loved one qualifies for disability benefits can be a protracted and frustrating process filled with bureaucratic roadblocks. Since your loved one often cannot complete the application themselves, a family member will need to help them move through the process.

SSI benefits are a federal program that provides financial assistance to individuals with disabilities who have limited income and resources. If your loved one with special needs is unable to work, they will likely qualify as low-income by default. To receive SSI benefits, you'll also need to demonstrate that your condition meets the federal definition of a qualifying disability.

The SSI application process can be extremely confusing. Stalled and rejected applications can be common, and in these situations, you may need experienced legal assistance in mounting an effective appeal and review. Our Raleigh special needs attorney can guide you and your loved one through the application process and can work to resolve any obstacles that you might encounter in receiving your benefits.

The contradictory reality is that public disability benefits rarely provide enough for an individual to live on, meaning additional support will be necessary. However, it is important to understand that qualifying for SSI and other programs means not exceeding certain income or asset valuation thresholds. This means that directly supporting your loved one with special needs, either through direct financial payments or the provision of assets, can result in their ineligibility and loss of benefits. As a result, targeted estate planning tools are required to avoid endangering government disability support. We pride ourselves on our strategic approaches, which incorporate both legal instruments and understanding of local resources available in Raleigh, ensuring a comprehensive support framework for your loved one.

Special Needs Trusts 

Guardianships for Loved Ones with Special Needs

Typically, when a child becomes a legal adult by turning 18, they assume full responsibility over the decisions governing their life. This includes making choices about where to live and how to make a living. Adults with special needs may not have the physical or mental competency to adequately make these decisions. In these situations, a guardianship may be necessary.

Guardianships come in two forms. A guardian of the person has responsibility over an individual’s health, safety, and general well-being. This includes the ability to make decisions about a person’s medical care, food, and housing. A guardian of the property handles financial affairs, including the management of any property or assets, including government benefits.

In many cases, a person granted a guardianship for a loved one with special needs serves as both a guardian of the person and a guardian of the property. They have a responsibility to take care of the person on a day-to-day basis as well as manage their financial security.

Obtaining a guardianship through a court can be a challenging process, in part due to the amount of authority that is conferred. The court will need to be convinced that the individual with special needs cannot adequately manage their affairs without outside assistance. Courts also generally prefer that only close family members, like a parent or sibling, serve as a guardian in these situations.

Our special needs lawyer in Raleigh can help assess whether a guardianship makes sense for your situation and strategize on the most effective means of pursuing the designation from the appropriate court. We understand how these types of cases are adjudicated and will do everything possible to get you the legal authority that you need to help your loved one. Attuned to Raleigh's local legal environment, our approach ensures that all proceedings are in strict accordance with regional practices, reducing the likelihood of delays or complications in securing guardianship.

Build an effective plan for your loved one with special needs with our help. Call (919) 975-5359 or contact us online to connect with our Raleigh special needs lawyer.