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A Plan for Your Loved One’s Future. Peace of Mind for Yours.
If you’re caring for someone with special needs, you’ve probably asked yourself the hardest question of all: What will happen when I’m no longer here to care for them?
You want to protect their access to benefits. You want to make sure they’re never left alone or unprovided for. You want to know where they will live. And you want to give them the best life possible; one filled with dignity, joy, and support. But getting it right takes more than good intentions. It takes a plan.
That’s where we come in.
At Family Estate Planning Law Group, our Special Needs Planning attorneys help families across Wakefield, Greater Boston, and Southern New Hampshire build thoughtful, legally sound plans that support loved ones with disabilities, without jeopardizing critical public benefits like Medicaid and SSI.
Why Special Needs Planning Is Different
Traditional estate planning isn’t enough when your loved one relies on public benefits. In fact, even a modest inheritance or gift can disqualify them from programs like MassHealth or Supplemental Security Income.
Without the right plan:
- Your child could lose their medical coverage
- Your child could lose housing subsidy benefits (Section 8)
- A sibling might be left with full-time care responsibilities
- Assets could be mismanaged or lost
- Their needs and preferences might go unheard
- Your child may miss special income tax benefits
We help you avoid all of that by creating a plan that works today, tomorrow, and for the long road ahead.
What Is Special Needs Planning?
Special Needs Estate Planning is the process of preparing for the future care and financial well-being of a person with a disability. The goal is simple: ensure your loved one has support for life, without losing access to government assistance.
This includes:
- Drafting a Special Needs Trust
- Naming the right trustee
- Changing beneficiaries on life insurance and retirement accounts
- Aligning your assets to protect eligibility
- Planning for legal decision-making when your child turns 18
- Creating supporting tools like letters of intent or guardianship arrangements
- Arranging for housing and living arrangements
The goal of Special Needs Planning is to ensure your loved one has support for life, without losing access to government assistance.
The Special Needs Trust and Asset Alignment Explained
The Special Needs Trust, also called a Supplemental Needs Trust, is the cornerstone of most special needs plans. The trust document is just the starting point. What truly protects your beneficiary is making sure the assets are owned by the Special Needs Trust.
Too often, people create a Special Needs Trust but never take the critical next steps: retitling assets, updating beneficiary designations, or otherwise aligning their assets so the trust actually owns them after they pass away.
A Special Needs Trust with all assets properly aligned allows you to leave funds for your loved one’s benefit without those assets counting against Medicaid or SSI eligibility limits. Asset alignment is essential to ensure your planning works the way you intend, both now and in the future.
There are two main types:
- Third-Party Special Needs Trust
Funded with assets owned by anyone other than the person with the disability, usually a parent or grandparent. This trust can be built into your estate plan now or funded later through a will or living trust. - First-Party (Self-Settled) Special Needs Trust
Funded with the individual’s own assets, such as a lawsuit settlement or inheritance. This trust helps preserve benefits but requires a Medicaid payback provision to the state if funds remain at death.
Both types require careful legal guidance, accurate asset alignment, and ongoing attention. We help you decide which option is right for your situation and make sure it is set up correctly.
Other Tools to Consider When Estate Planning for Special Needs
In addition to the trust, you may also need:
- Letter of Intent
A non-legal document that shares care preferences, list of medical providers, routines, values, and your loved one’s unique story with future caregivers. - Guardianship or Powers of Attorney
When a child with special needs turns 18, parents no longer have automatic authority. We help you determine what is needed for legal and medical decision-making. If an older person is already appointed as guardian, we may suggest appointing a younger co-guardian to make transitions easier if the older guardian passes away. - Health Care Proxy and HIPAA Authorization
These documents make sure medical decisions and records stay in trusted hands. - Asset Alignment
We work with you to make sure all assets, including retirement accounts, life insurance, and bank accounts, are properly titled and coordinated with your plan.
What About an ABLE Account for Special Needs?
ABLE accounts can be a helpful supplement to a Special Needs Trust. They allow individuals with disabilities, diagnosed before age 26, to save up to $19,000 per year in 2025, with additional amounts allowed if the individual is working and certain conditions are met.
While ABLE accounts are limited in how much they can hold and how the funds can be used, they’re a great option for everyday expenses. We’ll help you understand whether an ABLE account, a trust, or both are right for your plan.
What Makes Our Approach Different?
At FEPLG, our Special Needs Estate Planning lawyers don’t just draft documents. We walk with you through a long-term planning process designed to evolve with your family.
Through our Generations Program, we continue to review your plan, update your documents, and ensure your assets remain aligned with the special needs trust. We support your family as life changes. This proactive approach is especially important for families with special needs, where benefits, care needs, and legal requirements may shift over time.
We also work closely with financial advisors, accountants, and other professionals to make sure your plan works across every area of life.
We focus on a long-term planning process designed to evolve with your family.
Massachusetts Specifics You Should Know
We stay on top of the unique rules and requirements in our state, including:
- Guardianship and conservatorship laws when a child turns 18
- Medicaid (MassHealth) eligibility rules
- Probate court filings and compliance
- Special considerations for parents using pooled trusts or seeking housing options for adult children
We’ll help you navigate every step so you’re never left guessing.
Real Peace of Mind, Backed by Real Results
We’ve helped families in Lynnfield, Reading, Peabody, Beverly, and beyond create plans that protect what matters most. We’ve walked with them through care transitions, legal challenges, and big life changes—and we’ll do the same for you.
Let’s Get Started
You don’t have to figure this out alone. And you don’t have to worry about leaving your loved one unprotected.
Let’s build a plan together that brings peace of mind to your family and a lifetime of support to the one who needs it most.
Massachusetts Special Needs Planning Attorney: FAQs
What is a Special Needs Trust and Why Do I Need One?
It allows you to set aside money for your loved one’s care without affecting their access to Medicaid or SSI.
Who Can Be a Trustee of a Special Needs Trust?
You can name a family member, a professional, or a nonprofit organization. We help you make the right choice and prepare them for the role.
What’s the Difference Between a Special Needs Trust and an ABLE Account?
ABLE accounts are limited in funding and best for small, frequent expenses. Trusts offer more flexibility and no age cap.
Do I need Guardianship When My Child Turns 18?
Not always. We help you evaluate whether guardianship, power of attorney, or other tools are appropriate.
What is a Letter of Intent?
It’s a way to share your child’s story, preferences, and daily care details with future caregivers—even though it isn’t a legal document, it can make all the difference.
