Poughkeepsie Special Needs Planning Attorney

Serving Special Needs Families from Offices in Poughkeepsie, Fishkill, & Rhinebeck

At Martin Law, PC, our special needs planning attorneys work extensively with New Yorkers who have both minor and adult loved ones with special needs. We understand the importance of creating a comprehensive plan that addresses far more than the issue of probate and estate administration.

In addition to handling the necessary trust-related issues, we can advise you on a broad range of matters involving your special needs family member—including eligibility for government-funded assistance programs.

For guidance on your special needs planning matter, give our firm a call at (845) 764-8104 or send us an email to arrange a no-obligation consultation with sensible Poughkeepsie special needs planning lawyers.

How to Plan for Your Loved One’s Future

There are many misconceptions about the relationship between financial help from you via your estate and applicable government benefits, particularly Medicaid and Supplemental Security Income (SSI).

Special needs planning is about preserving benefit eligibility for those who cannot afford to lose assistance. However, it is also about using your own money to improve your loved one’s life when needed while respecting program rules so that key benefits are not lost.

Because the types and amounts of resources that can be given to assist persons with special needs are often governed by complex, ambiguous, and emotionally charged regulations, it is generally not wise for concerned family members to try to navigate such systems alone. Joint accounts, giving money directly to your loved one, or making a number of other well-intentioned moves could end up causing the very losses you wish to prevent.

Our team is passionate about remaining current on federal, state, and local rules, guidelines, and proposals. We are dedicated to learning about and sharing ideas regarding the exceptions and strategies that can be employed to enhance the lives of people with special needs.

Keep in mind that there is no one-size-fits-all solution when it comes to special needs planning. Therefore, it is important to work with a law firm that knows how to design and implement a plan that is individualized to meet your unique needs and goals.

Our firm takes great pride in our ability to do precisely that, helping New York Poughkeepsie, Fishkill, and Rhinebeck-area families create a living legacy by taking special care of their special needs loved ones.

Use the funds available to improve the life of your special needs family member without endangering his or her current eligibility for benefits—a contact our Poughkeepsie special needs planning lawyers online or call (845) 764-8104 today.

Special Needs Trusts from Martin Law, PC

If you are the parent, grandparent, or guardian of a person with a physical or mental disability, it is important to understand the potential pitfalls that come with any type of bequest or gift of money—as well as what you can do to protect your loved one against them. The best way to pass money to a family member with a disability and be sure they receive any available government benefits is through a special needs trust (SNT).

What Is a Special Needs Trust?

A special needs trust, SNT, supplemental needs trust, or special needs fund trust is an estate planning strategy used to preserve financial assets for the benefit of people with disabilities and high medical expenses. These disabilities may be long term or permanent and may be mental, physical, or both. 

A person who receives a financial inheritance, insurance settlement, or other estate gift could lose current eligibility for government benefits unless the money is placed into a special needs trust. By then strategically planning, we can help ensure that eligibility for financial assistance and government benefits is not lost.

Who Establishes a Special Needs Trust?

Grantors, relative or parents of a disabled individual, establish special needs trusts by providing assets they own now or through their wills and/or revocable living trusts. Current law also allows a disabled individual to establish a special needs trust with that person’s own funds if certain requirements are met. However, when using these assets for funding, it is important for the funds to be placed into the special needs trust according to specific rules and within specific time limits.

Why Set Up a Special Needs Trust?

You can use the money placed in a special needs trust for “non-essential” assets, such as extra care—not “essential” (not required for day-to-day living) medical care. The special needs attorneys at Martin Law, PC, commonly use special needs trusts to purchase items that may improve the quality of life for a disabled individual, such as medical and dental expenses, rehabilitative and educational services, vehicles and vehicle modifications, prosthetics, augmentative (such as a wheelchair) and alternative (such as a computer) communication devices, disabled clothing and personal grooming devices, eyeglasses and hearing aides, and burial or funeral expenses. This is not a complete list, so the specific needs of your disabled relative may qualify too.

Contact our firm if you have questions about the pros and cons of setting up a special needs trust for a disabled individual. We serve clients in the Hudson Valley area or call tel:(845) 764-8104

During this no-obligation meeting, you have a chance to ask any questions you may have. Additionally, we will go over the facts of your case and help you determine if moving forward together is right. Once you sign a retainer agreement, you will be able to contact us 24/7 and speak to us whenever you have a question related to your case.