Special Needs and Disability Planning

Special Needs Trusts

  • Draft third party special needs trusts used in estate planning for families seeking to benefit a special needs child or individual

  • Draft first-party (or (d)(4)(A)) special needs trusts used to hold funds a special needs individual has inherited or received on their own

  • Provide assistance to personal injury attorneys in establishing special needs trusts to hold settlement awards received on behalf of disabled individuals

  • Provide advice related to establishing and funding an ABLE Account

  • Assistance with special needs trust administration matters, such as providing advice to family trustees on making proper distributions so as not to interfere with public benefit eligibility, and, in some cases, serving as trustees of special needs trusts

Public Benefits Planning

  • Provide advice and guidance to special needs individuals and families seeking assistance with qualifying for:

    • Community MassHealth (community benefit programs, such as GAFC, AFC, Frail Elder Waiver, and the PCA program)

    • Long-term care MassHealth benefits to pay for nursing home care

    • SSI/SSDI

    • EAEDC

  • Provide advice concerning proper administration of funds in a special needs trust so as not to impede public benefit eligibility

  • Provide referrals to and work closely with qualified care managers that can assist families in making decisions regarding benefit eligibility, and placement options

Guardianship/Conservatorship/ Family Law Proceedings

  • Represent family members in Probate Court seeking guardianship of a special needs child or individual

  • Represent families in conservatorship proceedings to transfer assets to special needs trusts, or otherwise establish vehicles to manage assets on behalf of a special needs child or individual

  • Handle all aspects related to conservatorship proceedings, such as filing and preparation of inventories and accountings to Probate Court

  • Represent and advise individuals concerning the implications of divorce and ongoing child support for a special needs child

Estate Planning for Special Needs Individuals

  • Assist special needs individuals with establishing appropriate estate plans to encourage their independence and autonomy

  • Includes self-funded trusts, wills, health care proxies with advanced directives, and powers of attorney


Our Practices