Disability Planning

Special Needs Planning: When it comes to protecting Medicaid eligibility and other vital public benefits for elderly, incapacitated, and disabled persons, timing is critical and in-depth knowledge of this specialized area of the law is essential.  Special needs planning expertise includes establishing and administering special needs trusts; estate planning that will provide comprehensive benefits and services for special needs beneficiaries.

A Special Needs Trust is developed to manage resources for a person with a disability while maintaining the individual's eligibility for public assistance benefits. The family leaves whatever resources it deems appropriate to the trust and the trust is managed by a trustee on behalf of the person with the disability. The Special Needs Trust can pay for needs that go beyond food, shelter, and clothing and the medical support services of Medicaid. The Special Needs Trust would be set up to supplement, not replace public benefits.

Attorneys knowledgeable about Special Needs Trusts and current government benefit programs can guide you on whether to begin the trust now or wait.