Shrewsbury Special Needs Planning Lawyers
Planning for the future is important for every family, but when you have a loved one with special needs, the stakes are even higher. A well-structured estate plan can ensure that your loved one is cared for and supported long into the future without jeopardizing their eligibility for important government benefits.
At Sanvenero & Cittadino, LLC, we understand the unique concerns families face when planning for children or adults with disabilities. Our Shrewsbury special needs planning lawyers are here to guide you through your options, explain the laws that apply, and create a plan tailored to your family’s needs. With the right tools in place, you can have peace of mind knowing that your loved one will be financially secure and protected.
Why Special Needs Planning Matters
Many families want to leave money or assets to a loved one with a disability, but doing so without careful planning can create unintended problems. For example, leaving an inheritance directly to your child or relative with special needs may disqualify them from receiving essential government benefits such as Supplemental Security Income (SSI) or Medicaid.
Special needs planning allows you to provide financial support without disrupting eligibility for these programs. By using the right legal structures, such as a special needs trust, you can ensure your loved one has access to resources that improve their quality of life while preserving the benefits they depend on.
Special Needs Trusts
A special needs trust (SNT) is one of the most important tools in special needs planning. Government programs like SSI or Medicaid provide valuable help to individuals with special needs, but eligibility is means-tested, and only people with low income generally qualify. This trust allows assets to be set aside for the benefit of a disabled individual without being counted as that person’s own resources for purposes of benefit eligibility. Funds in the trust can be used for things that government programs don’t cover, such as:
- Educational expenses
- Therapies and medical treatments not covered by insurance
- Assistive technologies and equipment
- Travel, recreation, and hobbies
- Personal care assistance
There are different types of special needs trusts, and choosing the right one depends on your circumstances:
- First-party special needs trust: Funded with the beneficiary’s own assets, often from a settlement or inheritance.
- Third-party special needs trust: Funded with assets belonging to parents, grandparents, or other family members.
- Pooled special needs trust: Managed by a nonprofit organization, combining resources from multiple beneficiaries for investment purposes while maintaining separate accounts for each.
Our attorneys help you determine which trust is appropriate, draft the necessary documents, and guide you through the funding process to make sure everything is properly set up.
Guardianship and Decision-Making Support
When a child with disabilities becomes an adult, parents may lose the legal authority to make decisions for them. In some cases, obtaining guardianship may be necessary to ensure the individual has proper support for financial, medical, or personal matters. In other cases, less restrictive alternatives, such as a power of attorney, may be more appropriate.
At Sanvenero & Cittadino, LLC, we work with families to identify the right solution, balancing the need for protection with respect for independence and autonomy.
Coordinating Your Overall Estate Plan
Special needs planning is not something to address in isolation. It must work hand-in-hand with your overall estate plan to protect all of your loved ones. For example:
- Your will should direct assets for your child with disabilities into a special needs trust, not to them directly.
- Life insurance policies and retirement accounts should be reviewed to ensure beneficiary designations do not conflict with your plan.
- Any other gifts or inheritances from grandparents or relatives should be coordinated to avoid unintended consequences.
Our attorneys can review your current plan, identify potential gaps, and create a comprehensive strategy that ensures everything works together seamlessly.
Planning for the Long Term
Special needs planning is not only about financial resources; it is also about providing guidance and continuity for the future. Parents often worry about what will happen when they are no longer able to provide care. A good plan addresses these concerns by:
- Naming successor trustees or guardians who will carry out your wishes
- Providing clear instructions about your loved one’s needs, preferences, and routines
- Ensuring financial stability through life insurance, retirement planning, or other resources
We know these are deeply personal and sometimes emotional decisions. Our role is to help you think through the issues, provide the legal framework, and put everything in writing so that you and your family are protected.
Compassionate and Experienced Legal Support
At Sanvenero & Cittadino, LLC, we take a client-centered approach to special needs planning. We listen to your concerns, explain your options in plain language, and craft solutions that are both practical and protective. We also understand the laws and programs that affect individuals with disabilities in New Jersey, and we stay up to date with changes that may impact your plan.
Talk to a Shrewsbury Special Needs Planning Attorney Today
Planning for a loved one with special needs is one of the most important and loving steps you can take. Our attorneys are here to guide you every step of the way. Whether you need to establish a special needs trust, update your estate plan, or explore guardianship options, Sanvenero & Cittadino, LLC is ready to help. Contact our Shrewsbury office today to schedule a consultation.