Special Needs Trusts

Putnam County Special Needs Trusts Attorney

Helping Families Secure Their Loved One’s Future

It’s a daunting task to put together an estate plan in New York for yourself and maybe even a spouse. When you add children to it, it can become more complex. If one of those children has special needs, it’s not only more complex but imperative—because you may be their only source of support socially, emotionally, and financially.

Special needs trusts are an essential tool for families with disabled or special needs individuals to ensure their financial security and well-being. Putnam County special needs planning attorney is dedicated to guiding families through the process of setting up a trust that will provide for their loved one’s needs for years to come. At The Feller Group, P.C., our team understands how delicate special needs planning can be. Contact us at 845-682-5572 for a free consultation to learn more about how we can help you protect your family’s future.​

What Constitutes Special Needs?

Special needs is also referred to as “disability,” “handicap,” or “incapacity.” Each term is differently defined by state and federal law. Under the Americans with Disabilities Act (ADA), special needs is cited as a disability, and is defined per 42 US Code §12102 as:

  • A physical or mental impairment that substantially limits one or more major life activities of such individual;
  • A record of such an impairment; or
  • Being regarded as having such an impairment.

The meaning of the above definition gets further broken down by the ADA and then narrowed by case precedent. The definition matters if you want your child to get federal and/or state assistance and/or protection. Our estate planning attorneys can help you understand what a disabled person may qualify for and how to get it, as well as how to arrange and distribute your own assets upon your death in a way that will best benefit your child.

In the end, though, if your child has special needs––however significant they are or are not––you want to make sure your child is safe and financially stable throughout their life. You can do this through a comprehensive estate plan.

How do I get started with Special needs planning?

Planning a lifetime of continuous care for your loved one with special needs can be confusing and overwhelming — especially when you’re trying to find a good place to start. However, you don’t have to do it alone! The special needs planning attorneys at The Feller Group, P.C., are here to help you create a viable plan for your loved one’s future.

We can assist you with special needs planning in a variety of ways. We can provide advice on legal issues related to special needs planning such as estate planning, Medicaid, Social Security, tax issues, and guardianship. Our team can also help you obtain government benefits, such as Supplemental Security Income (SSI), Medicaid, or Medicare. We will also provide assistance with creating a trust or other financial planning documents to help protect your assets for your loved one’s benefit.

Our attorneys have the experience and knowledge to ensure your family is protected for generations to come.

Disability Application Assistance in NY

Applications for government benefits can be tedious and confusing for the average person. It is very important to be attentive to every detail. The attorneys at The Feller Group, P.C., can provide additional guidance and support to help expedite your approval process. We are an experienced team of advocates in your corner working to ensure you and your loved ones have the best legal representation.​

What Is the Difference Between Medicaid and SSI for Special Needs Families?

Medicaid and SSI are two vital programs that support individuals with special needs, but they serve different purposes. Medicaid provides health coverage, covering medical services, prescriptions, and long-term care. SSI, on the other hand, offers monthly financial assistance to individuals with limited income and resources who are disabled, blind, or over 65.

Eligibility for these programs is often based on income and asset limits, which is why proper estate planning is crucial. Without careful planning, an inheritance or financial gift could disqualify your loved one from receiving benefits. Special needs trusts and other financial tools can help you avoid this situation. Our team at The Feller Group, P.C., is skilled in designing plans that allow your loved one to maintain eligibility while ensuring their needs are met.

What Is a Special Needs Trust, and Why Might Your Family Need One?

A Special Needs Trust (SNT) is a legal arrangement designed to protect assets for a person with special needs without jeopardizing their eligibility for public assistance programs like Medicaid or Supplemental Security Income (SSI). Parents and guardians often wonder whether a trust is truly necessary. The answer depends on your unique circumstances, but in most cases, an SNT offers peace of mind, ensuring your loved one’s future is secure while preserving access to critical benefits.

There are two main types of SNTs: first-party trusts, which are funded with the beneficiary’s own assets, and third-party trusts, which are funded by parents, grandparents, or other family members. Our attorneys at The Feller Group, P.C. can guide you in determining the best type of trust for your family’s needs and assist with drafting documents that comply with New York state laws.

By setting up an SNT, you can ensure that your child’s financial resources are used wisely, covering additional needs such as education, recreation, and transportation, while maintaining their access to essential government programs.

Can a Pooled Trust Be a Better Option?

For some families, a pooled trust might be a better solution than a traditional SNT. Pooled trusts combine resources from multiple beneficiaries while maintaining separate accounts for each participant. Managed by a nonprofit organization, pooled trusts provide a cost-effective alternative for those who may not have significant assets to fund an individual trust.

At The Feller Group, P.C., we can help you decide whether a pooled trust is the right option for your loved one. Our team will explain the benefits, such as lower administrative costs and access to professional trust management services, and guide you through the application process.

What Happens to a Special Needs Trust When the Beneficiary Passes Away?

Families often ask what will happen to the remaining funds in a special needs trust after the beneficiary passes away. In the case of a first-party trust, federal law requires that any remaining funds be used to repay Medicaid for services provided to the beneficiary during their lifetime. Third-party trusts, however, are not subject to this payback rule, allowing the remaining assets to be distributed to other family members or charitable organizations as specified in the trust.

Our attorneys at The Feller Group, P.C., can help you structure a trust that aligns with your wishes while complying with state and federal regulations. By addressing these concerns early, you can ensure a smooth transition for your family and protect your loved one’s legacy.

How an Estate Plan Helps a Child with Special Needs

It’s simple, an estate plan can help make sure your child has all the necessities they need. Of course, it all depends on how you put your estate plan together to ensure they have what they need and more. If planned correctly, you can help provide:

  • Money management that benefits the child for their lifetime
  • Protection for public benefits
  • Funds are set aside for the future in case public funding is disrupted or restricted.

Your tailored estate plan can incorporate things like identifying care providers, appointing a guardian, creating a trust and designating a trusted trustee, and finding housing. An estate plan that protects a person with special needs can include documents to create or address:

  • Guardianship
  • Trust
  • Care providers
  • Housing

For many, the most important elements of an estate plan will be the appointment of a guardianship and the creation of a trust.

How Can I Ensure My Loved One Has Access to Housing and Care Providers?

Securing long-term housing and finding the right care providers are critical components of planning for a loved one with special needs. Options may include independent living with support, group homes, or residential care facilities, depending on your child’s needs and preferences.

At The Feller Group, P.C., we can help you explore housing options and understand the financial implications of each choice. If your loved one requires additional care, we can also assist in identifying and contracting with qualified care providers, ensuring their safety and well-being.

Why Choose the Feller Group, P.C. for Special Needs Planning?

Special needs planning requires not only legal knowledge but also a deep understanding of the unique challenges families face. At The Feller Group, P.C., we take a compassionate, client-focused approach to help you navigate these complexities. From drafting trusts to securing benefits, we provide tailored solutions that meet your family’s goals and ensure your loved one’s well-being.

Call us today at 845-682-5572 to schedule your free consultation. Let us help you create a plan that provides peace of mind and safeguards your loved one’s future.