When you are caring for someone with special needs, your mind is probably never fully at rest. Even on a good day, you may wonder—What happens if I’m not here? Who’s going to make sure they’re okay, safe, and supported? These thoughts come from a place of love, but they can weigh heavily, especially when you do not have a clear plan.
At The Law Offices of Louis P. Lepore, we understand that special needs estate planning in Staten Island is about more than documents. It is about peace of mind knowing your loved one will still have access to benefits (e.g., Medicaid or SSI) and will be cared for in the way you intended, even after you are no longer around. Our attorneys work with families in Staten Island to create practical, customized plans focusing on long-term care and security.
Most Staten Island estate plans do not cover the care requirements of a loved one with special needs. A standard plan is fine for passing down money or property to kids or grandkids, but when someone in your family has a disability and receives public benefits, things get more complicated. If they inherit money directly, they could lose those benefits. And once those are gone, they are not always easy to reinstate.
That is where a special needs trust can help. It lets you set aside funds for your loved one without affecting their benefit eligibility. The trust owns the assets, not the person, which keeps Medicaid and SSI in place. The money can be used for therapies, equipment, education, and fun things, whatever helps them live a fuller life.
However, there is more than one kind of special needs trust, and each works differently. Talking to an elder law attorney could help determine what fits best.
If your loved one already has money coming in—maybe from a settlement or inheritance—that would call for a first-party special needs trust. These are funded with the person’s own money and can help preserve benefits. But there is a catch: after your loved one passes away, anything left in the trust might go back to Medicaid.
If you are funding the trust yourself, from your savings or through a life insurance policy, you could use a third-party special needs trust. This type is generally more flexible and does not have the Medicaid payback requirement.
Every family’s situation is different, so what works for one person may not be right for another. A Staten Island estate planning lawyer could explain the special care options and help you make the right call.
Setting up the trust is a huge step, but it is not the only one. You will also want to consider:
These smaller pieces all work together to ensure your wishes—and your loved one’s needs—are respected. Estate plans with special care provisions should grow with your family, so if it has been a few years since you looked at yours, now is a good time to check in with a Staten Island attorney.
If you have been putting off special needs estate planning in Staten Island, you are not alone. It is not easy to think about these things. But getting a plan in place does not have to be overwhelming, and it can make all the difference in how the future unfolds for your loved one.
Whether you are starting from scratch or need to update an older plan, our experienced legal team could guide you through the special needs estate planning process. Call us today to discuss how we could help you.
(718) 354-8646