Special Needs Planning
When a family includes someone with a disability, planning ahead becomes particularly important. The way you structure your assets can significantly affect that person’s future wellbeing and opportunities. While a simple Will might have worked in previous generations, today’s requirements call for more comprehensive planning. A thoughtfully designed estate plan becomes essential for protecting someone with special needs.
How a Special Needs Trust Functions
This type of trust enables parents, grandparents, or guardians to set aside money for a child who has a disability while preserving their access to government benefits. Creating one involves a straightforward process. As you consider this planning tool, keep these key elements in mind:
Select someone you trust to serve as guardian for your child.
Choose responsible individuals to act as Trustees who will handle the trust’s assets and oversee financial matters for your child.
Provide clear guidance regarding your child’s educational needs, living arrangements, and personal care requirements.
Our firm works with families to address the financial, legal, and social considerations that shape a person’s life, building plans that truly work for the future. We focus on making sure individuals with disabilities receive the support they need while having every chance to pursue their goals and aspirations.
Special Needs ResourcesFrequently Asked Questions about Special Needs Planning
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A Special Needs Trust is a legal arrangement that allows parents, grandparents, or guardians to set aside funds for a loved one with a disability without affecting their eligibility for government benefits such as SSI or Medicaid. The trust provides financial resources for quality-of-life expenses while preserving access to essential public assistance programs.
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If a person with a disability receives an inheritance directly, that money may count as an available resource and could disqualify them from receiving government aid. A properly drafted Special Needs Trust prevents that outcome by allowing funds to be used for approved purposes while maintaining benefit eligibility.
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Parents, grandparents, legal guardians, or other caring relatives can establish a trust during their lifetime or through their own estate plan. In some cases, the trust can also be funded with the beneficiary’s own assets if structured correctly.
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Trust assets can be used to cover a wide range of expenses that improve the beneficiary’s comfort, health, and independence. These may include education, transportation, housing support, recreational activities, therapy, assistive technology, and other non-covered medical or personal needs.
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The Trustee should be someone you trust to act in your loved one’s best interests and to manage funds responsibly. Some families name a trusted individual, others choose a professional or corporate trustee, and some use a combination of both for added support and oversight.
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When structured properly, a Special Needs Trust will not interfere with eligibility for government programs. Our role is to create the trust in compliance with all relevant rules so your loved one can continue receiving the assistance they need.
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Yes, many Special Needs Trusts are designed with flexibility so they can be updated as laws, family circumstances, or the beneficiary’s needs evolve. We work with families over time to keep plans current and effective.
