Special Needs Trust & Disability Planning
Children and adults with special needs, and their family members, have their own unique planning needs.
People with disabilities often receive income and services from State and/or Federal benefit programs, and some individuals may need additional support managing their financial affairs.
Good special needs planning takes into account the benefits (or likely future benefits) a person receives, as well as that person’s own abilities and preferences in managing personal resources.
The attorneys at Norton, Abert & Jordan, P.C. have experience planning for individuals with disabilities — whether the planning involves the individual’s own assets, or gifts and inheritances from family members.
Helpful Tips for Families of Individuals with Disabilities
Never leave an inheritance directly to a person receiving means-tested benefits.
A direct gift or bequest can disqualify a loved one from need-based government benefits until the funds are spent down.
Update your own estate plan regularly.
If your Will or Trust was drafted before your family’s circumstances changed, it may no longer reflect what your loved one actually needs today.
Talk to all family members who might leave money to your loved one.
Grandparents, aunts, uncles, and family friends often don’t realize that a generous gift in their own estate plan could unintentionally jeopardize benefits. A quick conversation can prevent a costly mistake.
Understand the difference between a first-party and third-party special needs trust.
Whose money is funding the trust (the individual’s own assets versus a family member’s gift or inheritance) affects how the trust must be structured and used.
Think beyond benefits eligibility.
Good planning also addresses who will make decisions if your loved one cannot, who will manage the trust over time, and how care and quality of life will be supported for decades to come.
Choose trustees and guardians thoughtfully, and name backups.
Consider not just who is willing, but who has the temperament, availability, and judgement for a role that may last a lifetime. Always name a successor in case your first choice can’t serve.
Don't wait for a crisis to start planning.
Families often begin special needs planning only after a parent’s health declines or a loved one turns 18. Starting earlier gives you more options and more time to get it right.
Coordinate with other professionals on your loved one's team.
Financial advisors and care workers should all be aware of the plan so that everyone is working from the same playbook.
You don't have to navigate this alone.
Special needs planning involves the interplay of trust law, benefits law, and your family’s personal circumstances. An experienced attorney can help you build a plan that protects both your loved one’s benefits and their wellbeing.