Special Needs Protection

Ensure that your loved one with disabilities is cared for in the future.

Hanover Special Needs Planning Attorneys

Special needs estate planning focuses on providing care for the needs of our loved ones with disabilities after we are gone.

Parents of children with special needs must make careful estate planning choices to coordinate all of their children’s legal, financial, and special care needs – both now and in the future.

We work with you to understand your financial situation your priorities regarding the care of your loved one. We also determine what benefits are available to provide medical, financial, and domestic support to your special needs child.

Special Needs Trusts

Usually receiving an inheritance, lawsuit settlement, or other monies will disqualify a special needs person from their government benefits. Special Needs Trusts are used to enhance the disabled person’s life while still allowing them to receive their public benefits such as Medicaid or SSI. The funds can pay for travel, education, a wheelchair accessible van, entertainment, medical care, and much more.

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There are two main types of special needs trusts:

First Party Trust: Funded with the disabled person’s own assets, also known as a Payback Trust or (d)(4)(A) Trust. While the special needs individual is alive, the trust funds are used to enhance his quality of life. When that person dies, assets remaining in the trust are used to reimburse (payback) the government for the cost of received medical care.

A first party trust is for individuals receiving SSI or Veteran’s Benefits that come into large amounts of money. The trust allows the special needs person to retain benefits while still being able to use his own funds when necessary.

Third Party Trust: Funded with assets from someone other than the disabled person, such as a parent or other family member. Assets held in the third party trust do not affect the special needs person’s eligibility for SSI or other government benefits.

A third party trust can pay for the beneficiary's supplemental needs beyond those covered by their benefits. A third party trust is not required to be “paid back” when the special needs individual dies. Any funds remaining in the trust can pass to other family members, or to charity, without having to reimburse the government.

Even if a trust is properly established and funded, the special needs individual’s public benefits could be reduced or eliminated if the trust funds are used improperly. Given the complexity of this field, you should always consult with an experienced Special Needs Trusts attorney to determine if and what type of Special Needs Trust is needed.

How to take action now

It’s never too late to protect your life’s work. When we sit down with you, we discuss your goals and look into the future to develop a complete plan that protects you for generations to come.

If you have been putting off making a plan, take action now while you are alive and well, before your family is left behind to suffer the consequences.

At Patrick J. Kelleher & Associates, P.C., we assist seniors, special needs individuals, and their families in making the tough but necessary decisions regarding their wishes, goals, and being mindful of future long-term care needs. 

We would be honored to help you and your loved ones. Click here to get started.

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Failing to properly plan now can lead to heartache havoc pain stress for your loved ones down the road
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