Special Needs & Disabilities


It’s a sad fact that individuals of all ages with special needs or disabilities oftentimes face financial and legal challenges regarding their own long-term care.  And some senior citizens must face the fact that when they die, they may be leaving behind a Special Needs loved one who needs ongoing financial assistance.  Oftentimes, people with disabilities will qualify for government assistance, such as Supplemental Security Income (SSI,) Medicaid, vocational rehabilitation or subsidized housing.

But what you may not know is that if you leave assets to your disabled loved ones through a will, they could be disqualified for these important government assistance programs. The elder law attorneys at our firm specialize in Special Needs Trusts to help avoid these issues.

A Special Needs Trust allows disabled individuals and elders facing long-term care to enhance their quality of life through trust assets, while also retaining government benefits. Because the trustee, not the beneficiary, has total control over the management of the funds, government programs ignore the trust assets when considering eligibility.

There are different Special Needs Trusts which can be created. These trusts are appropriate for different situations such as: when disabled individuals receive monetary gifts through inheritance or as the result of a settlement in a personal-injury case; parents wishing to leave assets to their disabled children; or when an elder is disabled and receiving long-term care assistance from the government and a family member wishes to provide funds to enhance their loved one’s quality of life. Our firm assists clients in all aspects of creating and administering appropriate Special Needs Trusts.

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