Special needs planning is a specialized area of estate planning that addresses the legal, financial, and personal needs of individuals living with disabilities. A well-designed plan coordinates estate planning documents, trusts, public benefits, and long-term care considerations into a comprehensive strategy tailored to your family's circumstances.
Caring for a loved one with a disability often means thinking years—or even decades—ahead. Whether you are the parent of a child with special needs, an adult with a disability, a grandparent who wants to help provide financial security, or a caregiver planning for the future, thoughtful legal planning can make a meaningful difference.
Schuler Law works with clients to create a comprehensive strategy that protects your loved one's financial well-being while preserving access to valuable public benefits such as Supplemental Security Income (SSI) and Medicaid. Every family has unique circumstances, concerns, and goals. Our role is to help you understand your options, develop a personalized plan, and provide the peace of mind that comes from knowing your loved one's future has been carefully considered.
One of the most important tools in special needs planning is a Special Needs Trust. When properly drafted and administered, these trusts allow assets to be managed for the benefit of a person with a disability while helping preserve eligibility for certain public assistance programs.
Depending on your family's circumstances, different types of Special Needs Trusts may be appropriate. Third-party Special Needs Trusts are commonly established by parents, grandparents, or other family members as part of their estate plan. First-party Special Needs Trusts may be used in situations involving settlements, inheritances, or other assets that belong to the individual with the disability.
Selecting the right type of trust requires careful analysis of your family's goals, the applicable laws, and the benefits your loved one currently receives or may receive in the future. We help clients understand these options and develop trust arrangements that are designed to meet both present and long-term needs.
Choosing the right trustee is one of the most important decisions in any Special Needs Trust. A trustee's responsibilities often include managing investments, making distributions, maintaining records, and complying with legal requirements, all while acting in the best interests of the beneficiary.
Some families choose a trusted relative or friend, while others prefer a professional or corporate trustee. In some cases, a combination of individuals and professionals provides the best solution. We help clients evaluate trustee options during the planning process and provide guidance regarding trust administration after a trust has been established. Our goal is to help trustees understand their responsibilities and administer trusts with confidence and care.As children with disabilities approach adulthood, families often have questions about decision-making authority. While guardianship may be appropriate in some situations, it is not the right solution for every individual.
Depending on the person's abilities and circumstances, alternatives such as supported decision-making, powers of attorney, or other less restrictive arrangements may provide an appropriate balance between independence and protection. We work with families to evaluate the available options and determine the approach that best promotes the individual's well-being, dignity, and personal autonomy while providing appropriate legal safeguards.ABLE accounts can be an important part of a comprehensive special needs plan. These tax-advantaged savings accounts allow many individuals with disabilities to save funds for qualified disability expenses while maintaining eligibility for certain public benefits, subject to applicable legal limits.
When coordinated with a Special Needs Trust and an overall estate plan, an ABLE account can provide additional flexibility for managing everyday expenses and enhancing quality of life. We help clients understand how these accounts fit within their broader planning objectives and how they may complement other planning tools.
Parents and grandparents often want to provide financial security for a loved one with a disability without creating unintended legal or financial problems.
Traditional estate planning techniques may not be appropriate in these situations. Naming a child with special needs as the direct beneficiary of an estate, life insurance policy, or retirement account can have significant consequences that families may not anticipate.
We help clients coordinate wills, trusts, beneficiary designations, and other estate planning documents so that gifts and inheritances are structured in a way that supports the beneficiary while protecting important public benefits whenever possible. Our planning is designed to give families confidence that their wishes will be carried out thoughtfully and effectively.