The future of your special needs child
Estate planning for families with children who have special needs involves a unique mix of financial, medical, and personal considerations—areas not every attorney is prepared to navigate.
At Teal Trust Legal, we focus on creating plans that protect your child’s future and ensure they are cared for when you’re no longer able to provide support yourself. Our approach includes a range of estate planning strategies tailored specifically to families with special needs.
We help structure your assets so your child can maintain a high quality of life without risking access to essential government benefits. We also guide you through selecting and appointing a reliable guardian or trustee, and assist in identifying suitable living arrangements along with practical ways to fund them.
Special Needs
Special Needs Trusts
A common challenge in planning for a loved one with special needs is balancing two critical goals: providing enough financial support for lifelong care while preserving eligibility for essential government benefits like Medicaid and Supplemental Security Income.
Leaving a large sum of money directly to a child with special needs can create unintended consequences, including the loss of public assistance and concerns about whether they can safely manage those funds on their own.
To address this, we use a specialized estate planning tool known as a special needs trust. This type of trust allows you to set aside funds to support a child with physical, developmental, or cognitive disabilities, while protecting their access to important healthcare and income-based benefits.
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Trusts play a central role in planning for a loved one with special needs, helping you provide financial support while protecting access to essential benefits.
There are a few common types of trusts to consider. Support trusts are designed to cover basic living expenses such as food, housing, clothing, medical care, and education. However, because they directly fund these essentials, they may impact eligibility for programs like Supplemental Security Income (SSI) and Medicaid.
Special needs trusts are specifically structured to avoid that issue. Whether funded by the individual or by family members, these trusts provide additional financial resources without jeopardizing access to important government benefits.
The rules governing these trusts can be complex. For example, funds are not distributed directly to the beneficiary. Instead, they are managed by a trustee and used to pay for goods and services that enhance your loved one’s quality of life.
Planning doesn’t stop once the trust is created. Your child’s needs may evolve over time, and laws surrounding public benefits can change. Ongoing guidance ensures your plan continues to work effectively and stays aligned with your goals.
With thoughtful planning, you can create a long-term strategy that supports your child’s well-being, provides financial stability, and preserves the benefits they depend on.