Elville and Associates Blog

Webinar: Planning for a Loved One With Special Needs – An Overview of Guardianship, Supported Decision Making, and Special Needs Trusts
2025-01-22 19:00 - 20:30 (America/New_York)
Elville and Associates has been privileged to educate, counsel, and guide families with loved ones with special needs for many, many years. We continue this through our longstanding partnership with NAMI (National Alliance on Mental Illness) as Elville and Associates’ Managing Principal and Lead Attorney Stephen Elville, J.D., LL.M., offers an interactive, educational discussion about guardianship, Supported Decision Making, and special needs (supplemental needs) trusts.
The decision to pursue guardianship — to obtain the legal authority to make decisions for another person — is one that has many intricacies to it and should not be taken lightly. There are also many alternatives to guardianship to consider as well, which is why speaking with a qualified attorney is extremely important during the decision-making process and throughout the guardianship proceeding.
Supported Decision Making (SDM) involves persons with disabilities being able to make their own decisions to whatever extent they can, provided that they have enough support to do so. Now law in Maryland, Supported Decision Making represents a huge breakthrough for persons living with disabilities, as it does not take away their rights of self-determination; rather, it allows them to appoint a supported decision maker, even if they are under guardianship. However, this dramatic paradigm shift brings with it the element of risk, potential confusion for parents and others, and unanswered questions.
A solid foundation for planning for loved ones with special needs encompasses these two topics along with several others. Understanding what is involved in the planning process for a special needs family and the importance of preserving your loved one’s financial security, quality of life, and well-being are further keys to planning success. Estate planning to protect families’ assets along with the types of special needs trusts and their specific purposes (along with who the decision makers and beneficiaries can be in these trusts) are of paramount importance.
Mr. Elville will discuss the following, and more:
• What is guardianship?
• What are guardianship’s benefits and drawbacks?
• What are the main questions every family should ask before making the decision to pursue guardianship?
• What are some of the alternatives to guardianship?
• Understanding Supported Decision Making under the new law – what is its purpose, and what is its current status? What is its promise in Maryland? What are the problems?
• What Supported Decision Making is not. What is Supported Decision Making’s relationship to powers of attorney, advance medical directives, and guardianship?
• How Supported Decision Making works and how it can benefit loved ones with disabilities.
• What are the types of special needs trusts and what trusts best fit different situations?
• What are some other tools and resources families should consider when planning for loved ones with special needs?
To RSVP for the presentation ahead of time and receive your personal link to attend, please click here.
Should you have questions ahead of time, please contact Community Relations Director Jeff Stauffer at 443-393-7696 x117, or jeff@elvilleassociates.com. We look forward to hosting you!
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