Special Needs Planning

Two sisters and their differently abled little brother sitting together at the park

The Appropriate Plan for Your Unique Situation

Planning for a loved one with a disability often requires special consideration. An inheritance, settlement, or other financial resources can affect eligibility for needs-based government benefits, making the way assets are held and distributed especially important.

At Elder Law Memphis, we help individuals and families explore legal planning strategies designed to provide for a loved one while preserving access to important public benefits when possible. Thoughtful planning can address both immediate needs and long-term financial security.

Special Needs Planning is usually needed to protect government benefits of a loved one with a developmental disability or who has suffered a disabling event.

Gifts and inheritances received by a person with a disability can easily disqualify him or her from eligibility for SSI, Medicaid, or other government benefit programs.

Appropriate special needs planning can protect gifts and inheritances that can enhance the quality of life for the loved one without jeopardizing availability of needs-based benefits. Special needs planning may involve both trust and non-trust solutions.

Special Needs Planning Services

Special Needs Trusts

A special needs trust can hold assets for a person with a disability and provide supplemental support while helping preserve eligibility for certain needs-based government benefits when properly structured and administered.

Learn More: Special Needs Trusts

Conservatorships & Guardianships

When a person with a disability needs assistance managing personal or financial affairs, a conservatorship or guardianship may provide a legal framework for decision-making and protection. The appropriate arrangement depends on the person's circumstances and applicable law.

Learn More: Conservatorships & Guardianships

Planning for the Whole Family

Special needs planning often works alongside other estate planning tools. Wills, trusts, and powers of attorney can help families document their wishes, coordinate their plans, and prepare for the future.

Our attorneys can help you understand how these planning tools may work together to address your family's circumstances and goals.

Explore Trust & Estate Planning to learn more about ways to plan for the future.

Let's Talk About Your Planning Needs

Every family’s situation is different. We can help you explore the available options and determine which legal planning strategies may be appropriate for your loved one.

Contact Elder Law Memphis to discuss your needs.