LEGAL PLANNING FAQs

WHAT IS LEGAL PLANNING?

The Legal Plan is the fifth, and final, essential step of your comprehensive Special Needs Plan that ensures that all of the plans you’ve created for your loved one with special needs—Vision, Life, Resource, and Financial—are carried out according to your wishes and preparations.

When combined with the Resource Plan and Financial Plan, your Legal Plan will help your child fulfill the hopes and dreams of their Vision Plan and reach the destination you’ve envisioned for him or her.

WHAT ARE THE BENEFITS OF LEGAL PLANNING?

Your Legal Plan should educate, organize, and prepare you to make the inevitable decisions necessary to ensure that your family, including your child with special needs, is properly protected and planned for. What this means is — your Legal Plan should equip you with the information and knowledge you need to understand the legal components of special needs planning, including wills, trusts, and guardianship, and it will connect you with a pre-screened expert attorney who understands the complexities of special needs legal planning.

WHAT SHOULD MY LEGAL PLAN DO?

The true benefit of creating a Legal Plan is that it will empower you to be in control of your legal planning process and provides you with the confidence that comes from knowing that the legal decisions you make today, align with your future vision for your family’s great life.

HOW OFTEN SHOULD I UPDATE MY LEGAL PLAN?

We highly encourage families to update their loved one’s Legal Plan anytime key details change, or at least every five years.

HOW DO I LEARN MORE ABOUT LEGAL PLANNING?

To learn more about Legal Planning, check out our blog post Legal Planning: Are You Prepared for the Future? Age 18 and Beyond…

HOW DOES THE ENABLE LEGAL PLAN TOOL WORK?

While the ENABLE team does not directly provide legal advice or services, we have a lot of experience helping families understand their legal needs. The ENABLE Legal Plan tool helps make the process of creating a Legal Plan as easy, efficient, and affordable as possible, so that the families feel well-prepared for the futures.

To accomplish this, the ENABLE team provides several valuable resources to help you prepare to engage with an attorney, including a Guide to Legal Planning and a series of Legal Planning Questions that you and your family should discuss before scheduling a meeting with an attorney.

Additionally, if you don’t already have an attorney you’d like to work with, the ENABLE team will personally connect you to a law firm and attorney in your geographical area who we have prescreened and determined to be competent in all components of Special Needs Legal Planning. This individual will assist you in drafting the necessary documents and filing the appropriate paperwork to create your Legal Plan.

Finally, ENABLE team members fully understand the legal planning process and are available to address questions you have as you work with your attorney to create your Legal Plan.

Like Financial Planning, we have found that many families delay creating a Legal Plan—not because they view it as unimportant—but because they feel overwhelmed, frustrated, and confused by the process.

The ENABLE Legal Plan tool is available at the ENABLE website. Learn more here: https://enablesnp.com/purchase-services/

Let’s Start Planning!

Ok! You’re ready to create a Legal Plan for your loved one with special needs. Just follow the steps below to start planning!

1. Consider and discuss the following questions with your family:                     What level of monitoring and/or oversight does your child need to make wise decisions?
   Is your child currently able to make his or her own decisions regarding health care, financial matters, and/or legal matters?                                                                        o Do you see this changing in the future?                                                           Have you selected and appointed a future guardian for your child, in the event of your passing or inability to care for him or her?
   Does your guardian understand the Special Needs Planning you have completed to date? Does he/she align with the goals of your plan and intend to carry out your plan according to your wishes?
   If you’re working with an attorney, does he/she understand your Vision, Life, Resource, and Financial Plans?
   Does your attorney’s legal counsel and planning strategies ensure that your goals for your child’s GREAT life will become a reality?
2. Special Needs legal documents have to be very precisely worded to be effective and useful. Be sure to seek out an attorney in your area who specializes in Special Needs Planning and has ample experience developing Special Needs Trusts.
3. If you’d like help finding a qualified attorney, schedule a call with our team and we can refer you to a professional who we’ve prescreened and determined is qualified to help you with your legal planning needs.
4. Together, you and your attorney will determine the appropriate documents to create to protect your family today – and every day in the future.
5. Be sure to review and update these documents whenever major changes occur in your life, the lives of your family members, of the life of your loved one with special needs. Even if no major changes have occurred recently, you should review your legal documents at least every five years to ensure they remain up-to-date and accurate.

To help you make sure you’ve thought through everything, we’ve created a BONUS Legal Plan checklist for you to use. Download this guide by clicking the yellow "Send me my FREE copy!" button below to receive access to the checklist now.

*None of the information presented in this Ultimate Guide is to be construed as financial or legal advice. A financial advisor/attorney will be able to guide you in making planning decisions for your family. Every family's situation is different and unique. Please consult your financial/legal professional for specific recommendations.

Read our full Disclosure statement here: Important Disclosures