Our Estate Planning Department’s Mission

McAndrews Law Offices is committed to providing highly skilled and individualized estate planning, special needs planning, and elder law advice to guide our clients through the different stages of life. We represent individuals of all asset levels, and our goal is to give our clients peace of mind by crafting flexible, efficient, and cost-effective plans that address personal challenges, whether minimizing taxes, transferring wealth, preserving assets before entering a nursing home, or planning for the future of a child with special needs. We are on the cutting edge of constantly evolving policies and laws, and we take pride in providing prompt, responsive, and respectful service.

Our specialized areas of concentration include:

Estate Planning – Designing comprehensive estate plans for individuals of all asset levels, which may include sophisticated estate planning techniques to minimize death taxes, trusts to protect minors, or planning techniques to assist blended families or and methods to ease the probate process.

Special Needs Planning – Assisting in all stages of public benefit and special needs planning, including qualifying persons for essential public benefits, creating an estate plan to protect a loved one’s public benefits, and collaboratively determining whether a guardianship or less restrictive option may be appropriate.

Elder Law – Designing a creative and personal plan using the most up-to-date techniques to preserve wealth for future generations while protecting the elder’s dignity and well-being.

Estate Administration – Facilitating and streamlining the probate process and employing legal strategies to reduce death taxes to the maximum extent.

FAQs: Planning for Individuals with Disabilities in Pennsylvania, Delaware, Maryland, and The Metropolitan Washington, D.C. Area

Special education, estate planning, and disability law firm with offices in Berwyn, Scranton, Pittsburgh, Philadelphia, Wilmington DE, Georgetown DE, and The Metropolitan Washington, D.C. Area

Estate planning, special needs planning and disability law firm of McAndrews Law Offices was founded in 1982 to guide families through their estate planning options, including special considerations for the care and support of individuals with disabilities.

To learn more about how to plan for your family’s future, read the answers to these frequently asked questions about estate planning for individuals with disabilities. Also, access our estate planning FAQs for answers to general questions about wills and trusts. Our wills and trusts lawyers can discuss your individual circumstances and help you create an effective plan — including special needs trusts and guardianship arrangements.

Consult Pennsylvania, Delaware, and Washington D.C. area estate planning attorneys to learn more about protecting your child with a disability

Consult PA, DE, and Washington, D.C. Area special education, estate planning and disability lawyers at McAndrews Law Offices, P.C. at 610.648.9300 or contact us online to schedule an appointment.

1. Why do I need a will?

A will ensures that your choices of estate administrator, beneficiaries and guardians are honored after your death. A will is especially important if you care for a family member who has a disability. If your family includes a person with disabilities or an individual who may require long-term skilled care, consider establishing a special needs trust. A properly drafted will can also reduce death taxes and costs associated with administering your estate.

2. Why do I need a trust?

Trusts are often essential to ensure the proper management of property left to individuals who are minors, disabled or irresponsible. Trusts — such as credit shelter trusts, disclaimed property trusts or irrecoverable life insurance trusts — can also significantly reduce the death taxes, especially in larger estates.

3. What is a discretionary trust?

A discretionary trust is created either during the lifetime of the settlor or through a person’s will, for the benefit of one or more persons, and in which the trustee retains full discretion to determine the level of assets provided to the beneficiaries of the trust — known as a special needs trust. This can make assets available for a person with disabilities without disqualifying that person from taking advantage of crucial governmental programs, such as Medical Assistance (Medicaid) and Supplemental Security Income (SSI).

4. What is a power of attorney?
A power of attorney is a written document signed by a competent individual that authorizes another to act as the individual’s agent — typically in financial or medical matters. If it is drafted as a durable power of attorney, the authority to act by the holder of the power survives incapacity of the maker.

5. What is a guardian?

A guardian is a person appointed by a court to make financial and personal decisions for an adult incapacitated person. In 1992, Pennsylvania enacted a limited guardianship statute that allows a court to find a person totally or partially incapacitated and to appoint either a limited guardian or a plenary (full) guardian. The appointment of a family member or any other person as guardian does not increase the financial responsibility of the guardian to support the person with disabilities.

6. What information should I gather before I contact an attorney to prepare a will?

Collect the following information and documents for your appointment with McAndrews Law Offices:

Your wishes for the distribution of your assets
Names of an executor and alternate executor — individuals you trust to manage the affairs of your estate after you pass
Names of guardians of your minor children — individuals you trust to care for your children
The amount of your approximate net worth — if your net estate, including life insurance, exceeds the current or future estate tax exclusion, tax planning may be necessary to avoid substantial death taxes
Information about your family member who has a disability — include the nature of the disability and the long-term prognosis for that person
Any existing estate planning documents such as wills, powers of attorney, trusts, child support orders and guardianship decrees

Planning for Individuals with Disabilities FAQs

Our Estate Planning Department’s Mission

FAQs: Planning for Individuals with Disabilities in Pennsylvania, Delaware, Maryland, and The Metropolitan Washington, D.C. Area

Special education, estate planning, and disability law firm with offices in Berwyn, Scranton, Pittsburgh, Philadelphia, Wilmington DE, Georgetown DE, and The Metropolitan Washington, D.C. Area

Consult Pennsylvania, Delaware, and Washington D.C. area estate planning attorneys to learn more about protecting your child with a disability