Providing for a family member with a disability, without disrupting the benefits they depend on.
Special needs planning is estate planning tailored to families with a member who has a disability. The goal is straightforward: to provide meaningful ongoing support for that person, without inadvertently disqualifying them from the government benefits — Medicaid, SSI, and others — that they may depend on.
It's an area where well-intentioned but poorly-structured planning can do real harm. A modest inheritance left directly to a person receiving needs-based benefits can eliminate those benefits overnight. Our firm helps families structure their planning to avoid that outcome while still providing the resources their loved one will need.
Funded with assets that never belonged to the person with a disability — typically by parents, grandparents, or other family members. Assets in this type of trust can supplement (but not replace) government benefits, and there's no Medicaid payback requirement at the beneficiary's death.
Funded with assets that belong to the person with the disability — often the proceeds of a personal injury settlement, an inheritance received before proper planning was in place, or savings accumulated before benefits eligibility. These trusts have stricter rules and typically require a Medicaid payback provision.
Managed by nonprofit organizations that pool the funds of many beneficiaries for investment while maintaining separate accounts. A practical option in some circumstances, particularly for smaller amounts.
A non-legal document that captures the day-to-day details future caregivers will need — routines, preferences, medical history, support networks, what makes your loved one happy. We recommend one to every family we work with in this area.
The trustee of a special needs trust has to understand both the beneficiary and the rules governing benefits. Choosing well is critical — and often involves a combination of family members and professional trustees to balance familiarity with technical expertise.
Extended family members frequently want to help. Well-intentioned gifts and bequests that flow outside the special needs trust structure can create problems. Part of our work is helping the whole family understand how to give in ways that actually help.
For adults with disabilities who cannot manage their own affairs, guardianship may be appropriate. It's an area we handle with care — Ohio law provides several options ranging from full guardianship to more limited protective arrangements, and the right choice depends on the individual's specific circumstances.
These situations are individual, and the stakes are meaningful. If you have a family member with special needs and haven't yet done comprehensive planning — or if the planning you have is out of date — we can help. We offer free initial consultations.
