Home Elder Law Disability Planning

Elder Law · Disability Planning

Planning for a Loved One Living with a Disability

Planning for yourself or a loved one living with a disability, including how benefits, decision-making, and future care fit into your overall plan.

  • Free initial consultation
  • 6 offices serving 4 states
  • Serving families since 2012

Why it matters

Plans that work alongside public benefits

Many people living with a disability rely on needs-based public benefits, such as Supplemental Security Income (SSI) and Medicaid. An inheritance or gift left directly to them, even with the best intentions, could affect their eligibility.

A supplemental needs trust (sometimes called a special needs trust) can provide for a loved one without replacing the public benefits they rely on. The trust is managed by a trustee you choose and can pay for things that improve quality of life.

Not sure where to start?

Bring your questions to a free consultation. We’ll walk through your family’s situation and explain the options that may fit.

Planning tools

What a disability plan may include

  • Supplemental needs trust: holds and manages funds for a loved one while working alongside public benefits
  • Updated wills and beneficiary designations: so assets are directed to the trust instead of passing outright
  • Powers of attorney and health care directives: so trusted people can act if you cannot
  • Decision-making arrangements: options for an adult child who may need help with financial or health care decisions, including guardianship or conservatorship when it is necessary
  • A plan for future care: who will look after your loved one, and how their needs will be paid for, if you are no longer able to

Decision-making

When a child with a disability turns 18

At 18, a young adult is legally responsible for their own decisions. If your child will need help with financial or health care decisions, planning ahead allows time to consider the options, from powers of attorney to guardianship or conservatorship when it is necessary, and to choose the least restrictive approach that meets their needs.

How it works

How we help

01

Free initial consultation

We learn about your loved one, your family, and your goals.

02

Review benefits and needs

We look at the benefits your loved one receives or may need and how planning decisions could affect them.

03

Design the plan

We recommend the documents that fit, which may include a supplemental needs trust, updated wills, and powers of attorney.

04

Prepare and sign

We prepare the documents under your state’s requirements and walk you through signing.

05

Review over time

Benefits rules, needs, and family circumstances change. We can help keep the plan current.

Disability planning FAQ

Frequently asked questions

General information only. Schedule a free consultation for advice about your situation.

More elder law FAQs

Yes. A supplemental needs trust can provide for a loved one without replacing the public benefits they rely on.

Leaving assets outright could affect eligibility for needs-based benefits such as SSI and Medicaid. A supplemental needs trust is often used instead. An attorney can explain what applies in your situation.

Someone you trust who is organized and willing to serve, with a backup named in case your first choice cannot act. We can talk through the options during your consultation.

Not always. Depending on your child’s needs, powers of attorney or other arrangements may be enough. Guardianship or conservatorship may be appropriate when other options will not work.

Free resources

Not ready to meet yet? Start here.

Free masterclass

Watch an On-Demand Masterclass

Short classes on estate planning, long-term care, probate, and trust administration, presented by Pearson Bollman Law attorneys.

Free guide

Estate Planning Resource Guide

A free guide to help you organize your information and prepare for a conversation about your plan.

Newsletter

Subscribe to Our Blog Digest

Planning tips, law updates, and firm news delivered to your inbox. Unsubscribe anytime.

Get Clear Answers About Long-Term Care

Planning for a loved one with a disability raises important questions. Pearson Bollman Law can help you understand your options and next steps. Your initial consultation is free.