The terms “disabilities” or “special needs” cover an enormous variety of diagnoses. But regardless of type or the severity, individuals with disabilities need services and have specific rights guaranteed under law.  When legal services are needed, Chuck is available to answer your questions and help you determine the best plan of action to take.
 
The families of individuals who have special needs confront many issues throughout that individual's lifetime. They must fight for appropriate educational opportunities and active treatment, placement issues and accommodations, the basic human right to make choices, and financial issues as well. They have to plan for an uncertain future especially as they age and cannot continue to provide the level of care that the individual requires. In coping with these issues, families must seek out the right professional advice. Listed below are some practice areas in which RoseLaw can help.
 
SPECIAL NEEDS TRUST: 
Individuals with special needs can utilize this type of trust for their benefit throughout their lifetime without fear of being ineligible to receive government benefits.  A Trustee disperses the funds available in the trust according to the needs and best interest of the beneficiary of the trust.  This type of trust should be created along with estate planning documents and should not be confused with other types of trusts which are not designed to protect the assets of individuals with special needs.  For more information click: www.roselawillinois.com/content/special_needs_trust
 
GUARDIANSHIP:
At the age of 18, a child becomes his or her own guardian unless it can be shown that a disability warrants the child incompetent and therefore necessary for a guardian to be appointed. Incompetency can also occur later in life and guardianship can be appointed at the time of that need. There are different types of guardianship that need to be considered including Guardian of the Person, Guardian of the Estate, Limited Guardian, Plenary Guardian, Temporary Guardian, or Successor Guardian. Regardless of the timing or type, guardianship is a legal matter and requires appropriate legal documents to be filed and a judge to sign the order. For more information click: Guardianship
 
ESTATE PLANNING:
This area involves all members of a family whether they have a disability or not, and should be done to protect each member of the family. Estate planning documents are a legal framework for financial matters to be handled in the event of death or if one is no longer able to manage their own affairs. These may include a Power of Attorney for Property, a Will, and/or a Trust. A power of Attorney for Health Care may be used for medical decision making in the event that an individual is unable to competently make those decisions on their own.  Other Estate Planning documents may be necessary to have in place depending on the specific needs of you and your family.  An individual must be considered competent at the time of signing these forms.  When competency is questioned, then guardianship is a more appropriate avenue to take.  For more information click: Estate Planning
 
SPECIAL EDUCATION ADVOCACY:
Children with a variety of disabilities such as autism, downs syndrome, learning disabilities like dyslexia, or behavioral issues like ADHD may not respond well to the traditional classroom environment. Under the Individuals with Disabilities Education Act (IDEA), children with disabilities are entitled to a “free appropriate public education" that can help prepare them for the future. Chuck can provide legal representation and advocacy covering the entire spectrum of special education needs.