Special Needs Planning
Special and supplemental needs trusts are powerful tools that ensure individuals with disabilities receive the care, support, and financial resources they deserve…
…without jeopardizing their eligibility for essential government benefits like Medical Assistance and Supplemental Security Income (SSI). We understand the unique challenges that come with planning for a loved one with special needs. Our experienced attorneys are here to help you create a comprehensive plan that safeguards your loved one’s quality of life.
Deliverables
We create custom special and supplemental needs trusts to secure your loved one’s care while preserving access to essential government benefits. Our expert attorneys guide you through every step, ensuring a comprehensive plan for their long-term well-being.
Personalized Trust Creation
Tailored special or supplemental needs trust documents that align with your loved one’s specific needs and goals.
Legal Guidance on Government Benefits
Expert advice on preserving eligibility for Medical Assistance, SSI, and other essential benefits.
Ongoing Trust Administration Support
Assistance with managing the trust, ensuring compliance with legal requirements, and distributing funds as needed.
Trust Modifications & Updates
Legal support for any future changes to the trust as your loved one’s needs or circumstances evolve.
Secure court approval for creation of trust
Advice and Representation in court for trust-related matters, including disputes, modifications, or challenges to the trust’s terms.
With decades of experience, our firm offers comprehensive special and supplemental needs trust management, ensuring current legal compliance and long-term success. We proactively adapt to legislative changes and coordinate with healthcare providers and financial advisors to meet your loved one's needs. Additionally, we provide conflict resolution and court representation for peace of mind.
Who Our Services Help
Here’s a list of individuals and professionals who might seek an attorney to represent them for a special needs trust:
Parents or Guardians of Individuals with Disabilities
They want to ensure long-term financial security and care for their child or loved one without affecting eligibility for government benefits like Medical Assistance and SSI.
Family Members of Aging Relatives
Those concerned about securing assets and care for elderly relatives with disabilities or chronic conditions, ensuring their financial protection and eligibility for public assistance.
Personal Injury Attorneys
When a client with special needs receives a settlement from a personal injury case, personal injury attorneys may hire a special needs trust attorney to ensure the settlement doesn’t disqualify their client from essential government benefits.
Individuals with Disabilities
Adults with physical or mental disabilities seeking to protect their assets while preserving access to crucial benefits for healthcare, housing, and daily living.
Estate Planning Attorneys
They may refer clients who need specialized assistance with setting up special needs trusts to ensure their estate plans account for the unique needs of beneficiaries with disabilities.
Financial Advisors
Professionals working with clients who have special needs and want to ensure a comprehensive financial strategy that includes the creation and management of special needs trusts.
Social Workers and Care Coordinators
They may refer clients to a special needs trust attorney when they recognize the need for legal protections and financial security for individuals with disabilities.
Evolution — Ongoing Legal Services
Once a special needs trust is approved by the court, an attorney continues to provide critical services to ensure the trust is properly managed and the beneficiary’s needs are met.
This comprehensive, ongoing support ensures the trust remains fully compliant and effectively serves its purpose for the long term.
Annual Accountings
The lawyer helps with annual accountings, preparing and filing detailed reports to the court that document how the trust funds are being used, ensuring compliance with all legal requirements.
Trust Distributions
Additionally, the attorney offers guidance on trust distributions, advising on how and when funds can be used for the beneficiary’s care, while protecting eligibility for government benefits like Medical Assistance and SSI.
Ongoing Legal Support
The attorney also provides ongoing legal support, addressing any changes in the beneficiary’s needs, potential modifications to the trust, and resolving any disputes that may arise.
Your Dedicated Special Needs Planning Team
Frequently Asked Questions
1. What is the difference between a special needs trust and a supplemental needs trust?
While both types of trusts are designed to benefit individuals with disabilities, the key difference lies in their structure and the specific benefits they provide. A special needs trust is generally used to ensure eligibility for government benefits like Medical Assistance and SSI by protecting assets. A supplemental needs trust, on the other hand, is typically used to provide additional support for a person with disabilities, offering a more flexible approach for managing supplemental funds without jeopardizing public assistance eligibility. An attorney can help determine which type of trust best suits your loved one’s needs.
2. Why do I need one?
A trust is a legal tool designed to provide financial support for a person with disabilities without affecting their eligibility for government benefits like Medical Assistance and SSI. It ensures that the individual’s needs are met while preserving their access to essential public assistance programs.
3. Why should I hire an attorney to create a special needs trust?
Creating a special needs trust requires a detailed understanding of both state and federal laws, as well as an ability to navigate the complex rules regarding government benefits. An experienced attorney ensures that the trust is properly structured and compliant, maximizing its effectiveness and protecting the beneficiary’s rights.
4. How does an attorney help manage the trust once it’s created?
After the trust is established, an attorney can assist with annual accountings, ensuring the trust complies with legal reporting requirements. They can also provide ongoing legal advice on distributions, modify the trust as the beneficiary’s needs change, and offer representation in court if necessary.
5. What types of assets can be placed into a special needs trust?
A variety of assets can be placed into a special needs trust, including cash, life insurance policies, real estate, and personal property. An attorney will help determine the best way to transfer assets without jeopardizing the beneficiary’s eligibility for public benefits.
6. Can I be the trustee of a special needs trust?
Yes, you can be the trustee, but it is important to understand the legal responsibilities involved. Many people choose a professional trustee, such as an attorney or financial institution, to ensure that the trust is managed correctly and in compliance with the law.
7. What are the costs involved in setting up and maintaining a special needs trust?
Costs can vary depending on the complexity of the trust and the attorney’s fees. Generally, setting up a trust involves a one-time legal fee, while ongoing maintenance or modification may incur additional costs, such as annual accountings or court filings. An attorney will provide clear pricing details upfront.
8. Can I change or modify a special needs trust after it’s been set up?
Yes, you can modify a special needs trust if the beneficiary’s circumstances change or if the law evolves. An attorney can assist with any necessary amendments to ensure the trust continues to serve its intended purpose.
9. Who should consider hiring an attorney for a special needs trust?
Anyone who has a family member with disabilities and wants to ensure they are financially supported while maintaining eligibility for government assistance should consider hiring an attorney. This includes parents, guardians, caregivers, and individuals with disabilities themselves.
10. How do I choose the right attorney for a special needs trust?
Look for an attorney who specializes in elder law, estate planning, or special needs planning. It’s important to select someone who has experience handling special needs trusts, understands the laws and regulations, and has a compassionate approach to working with families.
11. What happens if I don’t hire an attorney to create a special needs trust?
Without legal expertise, you risk creating a trust that doesn’t comply with the necessary regulations, which could result in the loss of government benefits for the beneficiary. An attorney ensures that the trust is legally sound and provides the maximum benefit for the individual with special needs.
Create a Special or Supplemental Needs Trust
Secure your loved one’s financial future while protecting their access to crucial government benefits. Our experienced attorneys specialize in special needs trust planning and are here to guide you every step of the way. Contact us today to schedule a consultation and start building a plan that gives you peace of mind and ensures your loved one’s long-term care.