Special Needs Planning
Planning an estate for a family with a special needs child brings a tangle of financial, social, and medical questions, and we are here to help you work through all of them.
Our Approach
We are committed to making sure your child with special needs is cared for well once you are no longer able to be the primary caregiver.
There is one reality no family in your situation can sidestep. You have to figure out how to set aside enough money for the enormous amount of care and support your child is likely to need across a lifetime, while at the same time keeping your child eligible for the government benefits that matter so much.
You want your financial legacy to give your child a full, rich life, but you cannot afford to put their benefit eligibility at risk in the process. We help you find and name a guardian and trustee you trust to watch over your special needs child and their inheritance, someone who will raise them, teach them, and make decisions the way you would.
Happily, the law lets assets be held in a “special needs trust” that provides extra resources for a child with physical, mental, or developmental disabilities, all without disturbing their access to public healthcare and income-assistance benefits. The catch is that the rules governing these trusts are genuinely intricate, and that is exactly where we step in.
On top of that, a special needs child’s requirements shift dramatically over the years, and so do the laws that shape the public benefits available to them. It really matters to work with an experienced special needs attorney who can craft a thorough special needs trust that is both properly built and well-suited to your child’s particular circumstances.
We Help
- Parents who already know the kind of long-term support their child will need
- Parents unsure whether what they leave behind will be enough to support their child for a lifetime
- Parents of children who currently qualify for government benefits
- Parents looking into how to apply for government benefits
- Parents at any income or wealth level who want their child cared for through every stage of life
What We Do
Together we build a personalized plan for your family drawing on any of the elements below, based on what serves you and your special needs child best. Every fee is flat-rate and settled up front, so nothing ever comes as a surprise.
- Special Needs Provisions in Revocable Living Trusts
- First-Party Special Needs Trusts
- Third-Party Special Needs Trusts
- Pooled Special Needs Trusts
- State-Specific Special Needs Trusts
- Gift Planning To Ensure Transfers to Special Needs Trusts Reduce Your Taxable Estate
About Sheri L. Kelly
Hello, I’m Sheri L. Kelly, your neighborhood Personal Family Lawyer® attorney.
I care deeply about making sure children with special needs are protected and provided for long after their parents can no longer be there. I’d be honored to help you build a plan that gives your child security and gives you peace of mind.
Frequently Asked Questions About Special Needs Planning
What is a special needs trust?
There is no single kind of special needs trust, and which one suits you or your child depends entirely on your circumstances. In nearly every case, though, these trusts are built to let you pass your assets to your child in a way that allows them to enjoy what you leave while still qualifying for the government benefits their situation calls for.
Some of these trusts are revocable, meaning you can revisit and adjust the terms as time goes on, while others are irrevocable, meaning your ability to manage the transferred assets or change the terms later is limited or gone entirely.
Do I need an attorney for special needs planning?
In special needs planning, the strongest result comes from working with a lawyer who handles these matters daily. Sadly, some families fall apart after a loss because they either did no planning or relied on an online platform that knew nothing about their family or their child’s needs, a platform that ultimately failed them right when their child needed help the most.
We encourage a lifelong relationship between you and your estate planning attorney, so you have a lawyer for life who can be there for your family, and your child with special needs, when you no longer can.
How much does special needs planning cost?
Cost is the question we hear most, and understandably so. That is why we set all of our fees on a flat basis, so you always know exactly what you are agreeing to, with no surprises.
We cannot quote a price online or over the phone, since a real answer depends on the particulars of your situation. Our Life & Legacy Planning® process is instead designed to help you land on your own fee based on your family, your assets, and your wishes.
How much in government benefits can my child qualify for?
The amount of government benefits any one person qualifies for is highly individual, and it can shift over time as the laws change. There is no single answer that covers everyone, and every child with special needs is different. That means every special needs trust will be different too, which is exactly why you should work with a qualified attorney rather than fill-in-the-blank software.
How do I make sure the guardian knows everything they need to?
Throughout all of the planning we do, we consistently encourage our clients to write a letter of intent in their own words. This is a single document that captures the important details a guardian would need to care for and raise your child with special needs exactly as you would.
A letter of intent typically covers your child’s medical and educational history; their likes, dislikes, and daily habits; and your hopes for their future, including living arrangements, work, and lifestyle. Think of it as a roadmap for the guardian, one that eases the disruption during what will be an emotional time of change.