When Do You Need a Special Needs Trust Lawyer?
A special needs trust can be helpful when an individual in Canada needs supplemental income, such as if they have a mental or physical disability, without limiting their ability to obtain government benefits, such as Social Security Income and Medicaid benefits. This will allow them to have both government benefits and extra income.
These types of trusts can help pay for many things, such as:
- Personal homecare attendants
- Out-of-pocket medical expenses
- Educational costs
There are specific requirements for setting up a special needs trust that may vary by location. In addition, because the uses of these trusts are limited, they will often have specific instructions for the purpose of the trust and how it can be terminated.
A special needs trust lawyer can help make sure that the trust document does contain all of the proper language that will ensure it is valid and legally enforceable. A lawyer will also understand the requirements to create these trusts and the trust laws that will apply in the area.
If an individual needs to file a dispute about a special needs trust or is facing a lawsuit related to a special needs trust, an attorney can help. Your lawyer will help you file court documents, represent you in court, and ensure your interests are protected throughout the case.
How Much Does It Cost to Hire a Special Needs Trust Lawyer in Canada?
The cost of hiring a special needs trust attorney will vary greatly depending on numerous factors, such as:
- Location: Lawyers in major cities tend to charge higher rates than those in smaller towns or rural areas.
- Experience: More experienced lawyers with reputations for handling complex cases typically charge higher fees.
- The complexity of the case: Simple cases may cost less than more complex cases.
- Billing method: Lawyers may use different types of fee arrangements, such as:
- Hourly rate
- Flat fee
- Contingency fee
- Retainer fee
- Type of firm: Large law firms often have higher overhead costs and charge more than smaller law firms or solo practitioners.
What to Look for in a Special Needs Trust Lawyer?
It is very important for an individual to look for a special needs trust lawyer who can meet their needs and fit in their budget. Tips for what to look for in a lawyer for special needs trusts include:
- Experience: It is important to find a lawyer who has experience with special needs trusts.
- Communication: Being updated on the status and progress of a case can make clients feel more comfortable with their attorney and their case. It is important to find a lawyer who takes the time to respond to your communications and to explain things in a way you can understand.
- Personalized attention: It is important to find a lawyer who takes the time to understand the unique aspects of your case as well as your desired outcome.
- Practice area: Some lawyers may practice in certain areas of probate law. It is important to choose a lawyer who practices in the area relevant to your needs.
- Knowledge of trust laws and regulations: It is important to make sure that the lawyer has the proper knowledge and understanding of the trust laws and regulations that will apply in your case.
In Canada, a client can expect the charge for their trust to start at CA$1,000 and increase based on additional factors, such as:
- The lawyer’s hourly fee
- The lawyer’s location
- The complexity of the document
How to Prepare for Your Consultation With a Special Needs Trust Lawyer?
Whether you are the plaintiff or the defendant in a special needs trust case, it is essential to prepare for any meetings with your lawyer before you go. It is important to gather any documentation or other evidence that you have related to your issue. This includes information about the individual that the trust will benefit.
Before you attend the consultation, you should think of any questions you want answered by the lawyer. You should then write them down so you do not miss anything important.
It is important to provide your lawyer with all of the information that you have so they can present the best possible case on your behalf. Examples of important issues you may want to cover include:
- The fees that will be charged
- What those fees will cover
- If there will be any additional charges
Where to Find Special Needs Trust Lawyers in Canada?
You may be thinking of searching online for, “joint will lawyers near me” or “joint will attorneys near me,” but the results you get will likely not be very informative. One of the most convenient ways to find a special needs trust lawyer who meets your needs is by using LegalMatch.
LegalMatch provides an online matching service that connects potential clients with licensed and pre-screened lawyers in their area in just a couple steps:
- Submitting your case: Submit some basic information about your special needs trust issue or dispute in just a few minutes.
- Getting matched: LegalMatch will provide you with lawyer matches in your area who are ready to start helping with your case.
- Choosing your lawyer: You will be able to view the education, fee arrangements, and client reviews of all of the lawyers who provide responses before deciding who you want to help you with your case.
It is simple and free to use LegalMatch’s services to find a top-rated special needs trust litigation lawyer in your area, whether you are in a large city, such as Vancouver, Montreal, or Toronto, or a smaller town or rural area. There is no obligation to hire any of the lawyers who respond to your issue submission.
