Helping families plan

their estates today

for a better tomorrow!


Special Needs Estate Planning Lawyers in Delaware County, PA, Helping Individuals and Families Provide For Their Loved Ones

Families with a loved one with special needs usually want to do all they can to ensure their family member is protected now and, in the future, after they pass away. However, suppose your family member receives government financial and healthcare assistance benefits. In that case, they are often limited as to the resources they may have at their disposal.

Nevertheless, several legal options are available to individuals and families that can provide for their loved ones after they die that will not affect their ability to collect essential benefits. In addition, special needs estate planning can help you have peace of mind knowing that your loved one will be provided for now and in the coming days.

If you have a special needs family member and are interested in learning how to protect them, contact Peak Legal Group of Delaware Co, PA, to see what options may be available. A qualified legal team member will gladly sit down with you and determine your loved one’s needs and how to best plan for the future.

Why is Special Needs Estate Planning Important?

To ensure your loved one has access to the financial resources they need, it is essential to establish a special needs trust. Legal considerations must be met to safeguard their ability to have funds to provide for their needs after you pass away or can no longer care for them.

Some of the most significant advantages of special needs estate planning include:

  • Establish a comprehensive financial plan that adequately provides for the special needs beneficiary.
  • Allows the special needs individual to obtain an inheritance without jeopardizing their access to benefits.
  • Safeguarding the individual’s future ability to maintain their governmental benefits, including housing, Supplemental Social Income (SSI), and Medicaid.

If you are still trying to determine the benefits of establishing a special needs trust for your loved one, contact Peak Legal Group and ask to schedule a free case review. One of our special needs estate planning lawyers can answer your questions and determine what options would best suit your loved one’s future needs.

How Can My Loved One Benefit From a Special Needs Trust?

An individual who receives SSI or medical benefits is permitted to have at most $2,000 in assets. For this reason, if a family wishes to provide more financial aid and resources to a special needs individual, they must place the assets in a trust. Even if the assets placed in the trust are over the eligibility limit, a disabled individual will be protected against losing their benefits.

The type of assets and resources that can be placed in a trust include:

  • Inheritance/gifts
  • Life insurance proceeds
  • Proceeds from a lawsuit.

However, the assets placed into the special needs trust may only be used for specific legal purposes, which include:

  • Education and related materials
  • Transportation
  • Furnishings
  • Home care aides or therapy-related costs
  • Funeral planning costs
  • Dental or medical care not covered by governmental benefits.

Nevertheless, there are also very stringent rules that apply to what the funds in the trust may only be used for, such as housing, food, or clothing costs, if the monthly amount of money received is sufficient to cover those needs.

Peak Legal Group has been assisting residents of Delaware Co, PA, to find the legal options that are right for them to provide for their family members.

What Type of Special Needs Trusts Are Available?

Pennsylvania allows individuals to create three distinct types of special needs trusts for a disabled individual, which include:

  • Special-funded special needs trusts are created by a family member such as a parent, grandparent, or legal guardian. A trustee is charged with distributing the funds to the beneficiary for financial needs they have not covered by their benefits.
  • Pooled special needs trusts are assets “pooled” by several people to create more significant investments for special needs individuals. The trust is managed by a non-profit organization, with each recipient having their own sub-account.
  • Third-party special needs trusts are created by another person for a disabled individual and are typically funded by life insurance proceeds.

Other family members such as siblings, aunts, uncles, grandparents, and even friends may also donate to a third-party special needs trust.

Why is Peak Legal Group the Best Choice to Help Protect My Loved One?

As you age, you probably worry about who will care for your loved one after you pass away. One of the best ways to ensure that your loved one is well provided for is to speak with an experienced attorney who can help you establish a trust.

Peak Legal Group has a legal team dedicated to helping individuals and families plan for the future. Through special needs estate planning, you can have peace of mind that your loved one will be cared for when you cannot do so yourself.

Contact Peak Legal Group of Delaware County, PA, by calling 610-989-7064 to schedule a free no-obligation consultation to discuss your needs.