Attorney Michele Fuller: 5 Must-Do’s to Protect Special Needs Children

January 17th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Michigan attorney Michele Fuller…

Attorney Michele Fuller: “Not exploring the options is the biggest mistake a parent can make.”

Parents of special needs children are often so busy with day to day issues, they neglect to prepare for the day when they’ll no longer be there. “Many consumers and parents don’t realize when they have these kinds of issues that they really need to see an attorney who specializes in these kinds of issues,” says Michele Fuller from the Michigan Law Center.

Fuller, who herself is the mother of a child with autism, says not exploring the options is the biggest mistake a parent can make. Many parents incorrectly believe that their child will lose all his or her government benefits if they are included in the will.

“Once they go to a specialist or someone experienced in this type of planning that knee-jerk reaction disappears,” says Fuller, who also is the director of a non-profit group called Advocacy that helps families with mentally or physically challenged children with legal issues.

“I think disinheriting a child is one of the biggest mistakes parents can make because they are leaving the most vulnerable child they have nothing.”

Fuller often advises parents to provide for a “third party trust” in their will to protect their most vulnerable child. It can also protect the estate for the benefit of the more capable siblings.

“This contract is for the benefit of your special needs child—a third party beneficiary,” says Fuller. “They don’t own the money, they are just benefiting from the contract you are creating. That is why we call it a third party special needs trust.”

“With our non-profit group (Advocacy) we have created a third party joinder agreement, so that people can enter into a pool trust,” says Fuller. “It is really meant for people with more modest estates. They don’t have a lot of money, but they still need effective planning for their special needs child or disabled family member.”

Parents often leave everything to a so-called responsible child, but Fuller points out some problems with that decision. “What they have done is essentially disinherited their most vulnerable child in favor of the most responsible child,” says Fuller. “But especially in this economy where people may lose their job, or go through a divorce and half of—or all of—that money may go to creditors or a former spouse—now they have really opened up to door to disaster for their most vulnerable child.

“That sibling may simply not have time to devote to their more vulnerable brother or sister, but there is still an important role for them to play.

“One of the great ways to incorporate family and a trustee is to appoint a trust protector,” says Fuller. “They supervise the acts of the professional trustee so if something goes sideways—they have the ability to move the trust.”

Fuller offers this top five list for parents of physically and/or mentally disabled children.

1. Do not disinherit them

2. See an experienced special needs attorney or planner

3. Make sure there is a plan and fill out letters of intent

4. Make sure who ever is going to help take care of your child knows your child. Does your child have pets, or special friends, or do they go to sleep with the light on?

5. The money situation can be handled, your child will be going through a huge transition so make sure the right person is going to be there for them

Fuller is also a member of the National Academy of Special Needs Planners.

“People who are passionate about this often have a child who is disabled,” says Fuller. “I love helping these families, they are so appreciative and you feel like you really change lives so it is extremely satisfying.” 

Michele Fuller is the founder of the Michigan Law Center. She is an expert in a wide range of estate planning issues, particularly special needs planning, elder law, probate administration and settlement planning. Michigan Law also helps fellow attorneys, advisors and other professionals with advice on the best to serve their clients in these areas.

Tags: Estate Planning, Lawyers Doing Good, Lawyers Giving Back, Michele Fuller, Michigan Law Center, Special Needs Children

This was posted on Monday, January 17th, 2011 at 9:18 am and is filed under Lawyers Giving Back . Feel free to respond, or trackback. Read our comments policy.