Special Needs Planning
A Lifetime of Security
Estate Planning:
Ensure Your Child’s Care and Security for a Lifetime
You want to protect their emotional well‑being, day‑to‑day care, and financial resources while preserving eligibility for vital government benefits.
Our Special Needs estate planning attorneys guide families through this specialized process, creating lasting solutions tailored to each child’s circumstances.
Are you planning for retirement, growing your wealth, or thinking ahead to how your family will be cared for in the future?
Find out how we can design a comprehensive estate plan that meets your specific needs.
See Our Estate Planning Options:
Naming Legal Guardians for Lifetime Care
Choosing guardians ensures your child’s daily care and living arrangements are secured.
The first and most critical step is naming legal guardians to care for your child if you’re unable to do so.
Guardianship provisions address who will make personal, medical, and residential decisions on behalf of your child.
We help you select trusted individuals and draft clear instructions so guardians understand your child’s needs, routines, and preferences for education, activities, and quality‑of‑life measures.
Providing Financial Support: Special Needs Trusts
Leaving assets outright can disqualify your child from Medicaid, Supplemental Security Income (SSI), and other essential programs.
Special needs trusts hold funds on your child’s behalf, enabling discretionary distributions for therapy, equipment, education, and recreational activities—while preserving eligibility for government assistance.
We drafts and structures both third‑party and first‑party trusts to meet federal and state requirements.
Setting Up a Trust the Right Way
Typically, you establish the trust now or include it within your revocable living trust to activate upon your passing. In the first model, the trust “springs” to life upon death, funded by assets held in your living trust. The alternate model allows immediate funding. This is ideal if grandparents or other family members wish to contribute now.
You’ll serve as the initial Trustee, managing trust assets and payments. You then name a Successor Trustee – often a professional fiduciary, bank, or trust company – to assume control upon your death or incapacity. We recommend multiple Successor Trustees to ensure uninterrupted management.
The Trustee’s Role
They handle bill payments, coordinate with caregivers, and keep detailed accounts.
Given the complexity of special needs regulations, many families engage professional fiduciaries or work with our attorneys to ensure compliance and protect their child’s eligibility.
Your Special Needs Planning Partner
Comprehensive guidance tailored to your family’s unique needs.
Our Special Needs planning team assists with every aspect: naming guardians, crafting and funding special needs trusts, and administering ongoing care arrangements.
We also help identify and plan for residential options and advocate for government benefits to support your child’s quality of life.
Contact us to schedule a Family Wealth Planning Session and begin building a secure, tailored estate plan that honors your hopes for your child’s future.
Schedule your planning session:
Estate Planning Resources
Joint Tenancy vs. Tenancy in Common
Seven Things to Consider When Drafting Your Will
Drafting your will is a vital step in the estate planning process. We share seven important points to keep in mind as you begin the process. Read More
Common Property & Separate Property
Knowing the difference between community property and separate property is vital when it comes to estate planning. We explore what sets community property and separate property apart from each other and why they matter. Read More
Our Practice Areas
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