As estate planning attorneys in Cary, North Carolina, we often encounter families dealing with the challenge of providing for a loved one with special needs. It's a delicate balance – you want to ensure your family member has the best possible quality of life, but you also need to preserve their eligibility for crucial government benefits. This is where a…

A special needs trust is a powerful tool designed to safeguard the financial well-being of individuals with disabilities while preserving their eligibility for crucial government programs like Medicaid and Supplemental Security Income (SSI). If your loved one were to receive a substantial inheritance or legal settlement — without proper planning — that windfall could disqualify them from the very benefits…

A substantial portion of our practice involves helping parents plan for an unclear future for their child with special needs. What sorts of resources will be there when I’m not? Who will take care of my child when I can’t? Will my child need Guardianship or Powers of Attorney? Do I need to create a Special Needs Trust? Will my…

Each month, I host a presentation called “Special Needs Planning for Parents” aimed at taking a look at the complex issues involved in creating an estate plan centered around an individual with special needs. Part of the presentation talks about the cons of implementing a special needs trust. One of those, sometimes significant, cons is the potential for a high…

If you search online about “NC Special Needs Trusts” you’re likely to find some materials about what you can’t pay for. They’re often framed in the negative (“don’t buy this with a special needs trust”). I wanted to give an important example of what can be paid for under the SSI/Medicaid Income and Asset rules. This is the first of several articles explaining…