Estate Planning for Those With Special Needs is Essential

Planning to Protect Your Loved One

Individuals affected by disability or special needs are uniquely vulnerable.  The importance of sound planning for the future cannot be overstated. 

In addition to the daily challenges of caring for their loved one’s needs, parents and other caregivers of special needs individuals must consider long-term financial and legal planning measures to preserve quality of life for their loved one.  They may wonder who will care for and make medical decisions for a loved one when they are no longer able to do so.  And they may be unaware that program benefits such as MassHealth or SSI could be jeopardized by an improperly structured inheritance.  Adding to these challenges, parents also wonder how to treat their other children equitably while planning for their special needs child.

Our goal at Estate Preservation Law Offices is to make the estate planning process as easy as possible by creating a properly-structured estate plan that will coordinate all of the legal, financial, and care concerns you may have for your loved one. In addition to traditional estate planning considerations, special needs and disability planning involves navigating a complicated set of Federal and state laws and regulations.  Our legal experts will help you navigate this landscape.

Working With You: Our Process

At EPLO, you will find expert advice given with care and compassion.  Our special needs and disability planning services include:

• Drafting and administering special needs and supplemental needs trusts
• Specialized estate plans for parents or other benefactors of disabled or special needs beneficiaries
• Coordination of benefits applications  
• Participation with clients’ other trusted advisors in the financial analysis of beneficiaries’ projected future needs and the related estate planning implications  
• Guardianships and conservatorships

The Role of Special Needs Trusts

A Special Needs Trust (SNT) plays an important role in preserving the financial security and independence of a person with special needs, and it assures that a child will be financially cared for when a parent, grandparent or other caregiver is no longer able to do so.

There are different types of SNTs, in addition to special accounts (known as ABLE accounts) that certain individuals may set up to shelter assets while preserving benefits.  Understanding the utility and interrelationship among these various planning strategies is a key component of special needs planning. 

Taking the First Step

Amidst the daily challenges and joys of caregiving, finding the energy, time and resources to address the legal and financial planning challenges can be overwhelming. Having been touched personally, we empathize; and we have the skills and experience to help.  Our commitment is to turn a stressful undertaking into a manageable and satisfying endeavor for clients and their families.

For More on Special Needs

For more information on special needs, we have written several informational articles on special needs. To access them please click on any, or all, of the following blogs:

• Estate Planning When There is a Special Needs Individual in Your Care
• Special Needs Trust Fairness Act; New law ends years of unfair treatment of individuals with disabilities
• Sunday Telegram Interviews Brendan J. King on Special Needs Planning  
• Autism Awareness Month: Focus on Special Needs Planning