Special Needs Planning

A boy with special needs cooked with his mother in a kitchen with sliced food on the counter

Planning for an individual with special needs is complex. Our mission is to work with you to set up a structure that enhances that person’s quality of life while still maintaining all of their benefits.

Government benefits and their regulations change constantly, and penalties for noncompliance can be draconian. An individual with a disability could be given a significant inheritance, win a substantial settlement, or gain other financial awards but end up worse off than before because of a lack of proper planning.

Keeping up is a full-time job. You have enough on your plate, so let it be our full-time job, not yours. We have decades of experience in special needs planning including administration of special needs trusts, Medicaid asset protection trusts, and settlement preservation trusts. We care deeply about the people we help and the work that we do. Our expertise is nationally recognized and awarded.

If you or a loved one are struggling to make sense of retaining benefits while building a future, we can help you through a range of options to protect what you have while you continue to grow your legacy.

Helping Families Live Their Potential

Special needs planning becomes essential when you wish to provide financial support to a person with a disability, either during your lifetime or as part of your estate planning. Without proper planning, any inheritance or financial gifts could disqualify the individual from receiving crucial government benefits.

Programs like Medicaid and Supplemental Security Income (SSI) are means-tested, meaning they are only available to individuals with limited financial resources. If a person with special needs inherits money or property directly, they could lose access to these benefits. However, special needs planning is about more than just creating a legally sufficient trust document.

Holistic special needs planning takes into account the entire person, not just their financial needs, and creates a roadmap for their success, maximizing their independence and inclusion in the community.

Key Components of Special Needs Planning

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Special Needs Trusts

Establishing a well-drafted special needs trust (SNT) is crucial to ensuring that your loved one maintains eligibility for government benefits while still receiving additional financial support. We help you set up and manage these trusts to meet the specific requirements of your family. Our methodology creates flexibility, mandates transparency, and creates checks and balances for accountability.

Public Benefits Advocacy

Navigating public benefits like SSI and Medicaid and their interaction with various SNTs can be frustrating. We will assist you in understanding this interplay and applying for these benefits, ensuring that your loved one receives the maximum support available.

Healthcare Directives and Powers of Attorney

Planning for medical decisions is an integral part of special needs planning. We help you create healthcare directives and powers of attorney, ensuring that the right decisions are made when needed.

Ensuring Your Security

We understand that every situation requires a different strategy. We take the time to understand your specific needs and concerns, crafting a personalized plan that aligns with your goals and provides the best possible outcomes for your loved one.

We approach each case with empathy and dedication. Our team is committed to providing compassionate support, ensuring that you feel understood and supported throughout the planning process.

We have a broad base of experience and a high level of expertise. Combine this with a passion about the work that we do, and you can see why you’re taken care of with us.

Areas of Expertise Include:

First-Party Special Needs Trusts
Medicaid Asset Protection Trusts (MAPT)
Third-Party Special Needs Trusts
Settlement Preservation Trusts
ABLE Accounts

Foundation Package

This is where everything begins. For families of modest means, we will create a complete estate plan with a pooled third-party special needs trust. This will protect your loved one, protect their benefit eligibility, and ensure expert administration at a reasonable price.

Family Protection Program

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This comprehensive option fosters an ongoing partnership between your family and our firm to provide peace of mind so that when life happens, the family is prepared. We recognize that everyone’s situation is different and this program reflects the extra care that some wish or require. In addition to your estate plan, we work with you to create a custom third-party special needs trust that balances flexibility, adaptability, accountability, and transparency all in the best interests of your loved one(s).

What we know for certain is that change is inevitable. There will be changes in the law, changes in your relationships, and changes in what you own. The Family Protection Plan is our process for making sure your estate plan stays updated with those changes, giving you the peace of mind you need to know that your family, especially a loved one with disabilities, is protected even after you are gone.

Here we offer two options to choose from to best suit your family’s needs: the Family Protection Program or the Lifetime Care Program. Each annual program is designed to enhance planning for a loved one with special needs by providing additional education and a secure, easy-to-use portal to organize, manage, and share information and documents regarding your loved one with special needs.

Lifetime Care Program

Our most comprehensive program, the Lifetime Care Program, integrates a special needs analysis. This is a deep dive into the abilities and challenges of your loved one, the current benefits that help meet their needs, and benefits that will address unmet or future needs. It also includes estimations of additional funds needed to help supplement government benefits and promote the maximum independence and potential for meeting their personal goals.

Sometimes the hardest choice parents make is who will oversee the assets you leave to your loved one with disabilities, make decisions on how those funds will be spent, and ensure your loved one’s public benefits and trust funds are used to meet the planning goals you have set. This is where we introduce our families to Advocacy, Inc., a special needs non-profit organization led by nationally recognized experts specializing in special needs trusts and legal advocacy.

Advocacy, Inc. is a non-profit established in 2005. They are dedicated to educating individuals and families with special needs on resources and planning options to maximize the independence and vitality of life. Advocacy, led by its team of nationally recognized experts, administers First-Party Special Needs Trusts (often referred to as d4A special needs trusts), Settlement Preservation Trusts, and Third-Party Special Needs Trusts. Every family’s story is unique, and so are the clients’ needs, which is why Advocacy provides the highest level of service to provide our family’s peace of mind.

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Frequently Asked Questions

What is Special Needs Planning?

Special Needs Planning involves creating a legal and financial strategy to ensure that individuals with disabilities are provided for both now and in the future, ensuring your loved one’s needs are met and they are protected: the person, their benefits, their needs, their quality of life. This planning helps protect eligibility for government benefits while providing additional resources to enhance the quality of life for the individual.

What is a Special Needs Trust (SNT)?

A special needs trust (SNT) is a legal arrangement that allows individuals with disabilities to receive financial support without jeopardizing their eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI). The trust is managed by a trustee who uses the funds to pay for the beneficiary’s needs that are not covered by these benefits.

Why is it important to establish a Special Needs Trust?

Establishing a special needs trust is crucial because it ensures that a loved one with disabilities can receive additional financial support while still qualifying for essential government benefits. Without an SNT, any inheritance or financial gifts could disqualify the individual from receiving these benefits.

What are the different types of Special Needs Trusts?

There are two main types of Special Needs Trusts:

First-Party Special Needs Trust: Funded with the assets belonging to the individual with disabilities, typically from a personal injury settlement or inheritance.
Third-Party Special Needs Trust: Funded by assets from family members or other third parties, often as part of an estate plan.

How can I ensure my loved one maintains eligibility for government benefits?

To ensure that your loved one maintains eligibility for government benefits, it is crucial to set up a special needs trust. Improper planning may disrupt eligibility for these benefits, and while planning is available after a parent passes, there may be a Medicaid payback that could have been avoided. Ongoing management of these benefits is necessary and having an expert to help your family navigate the complex rules and regulations governing these benefits is essential to the support of your loved one who depends on these benefits.

What role do healthcare directives and powers of attorney play in Special Needs Planning?

Healthcare directives and powers of attorney are vital components of special needs planning. They allow you to designate someone to make medical and financial decisions on behalf of your loved one if they are unable to do so themselves. These documents ensure that your loved one's preferences and best interests are respected if they have the legal capacity to sign these documents.

How can I start the Special Needs Planning process?

Starting the Special Needs Planning process involves consulting with an experienced attorney who specializes in this area. They will help you understand your options, create a customized plan, and ensure that all legal requirements are met. Contact our office to schedule a consultation and begin securing your loved one’s future today.

What are the costs associated with Special Needs Planning?

Every situation is different. The costs associated with special needs planning can vary depending on the complexity of your situation and the services required. This is the reason we have structured our services the way we have. While there may be upfront costs for setting up trusts and legal documents, and the annual investment in maintaining your plan, we believe the long-term benefits, financial security, and peace of mind that your loved one will be well cared for is worth the investment.