Special needs planning helps provide for a person with a disability while protecting the government benefits they rely on. We help families set up special needs trusts, understand how ABLE accounts fit, and coordinate the plan with financial advisors and benefits counselors, so an inheritance or gift supports your loved one alongside their benefits rather than putting those benefits at risk.
We help families with special needs trusts, ABLE account planning, guardianship coordination, powers of attorney, and related planning needs across Forsyth, Davie, Davidson, Yadkin, and Iredell County.
Special needs planning consultations are complimentary
Special needs planning usually starts around a specific moment, sometimes years ahead and sometimes when money is about to change hands. These are the situations that most often bring someone in:
You have a child with a disability who is approaching adulthood, and you want a plan in place before decisions and benefits change.
A grandparent or relative wants to leave something to a person with a disability, and you want it structured so it does not interrupt their benefits.
A family member with a disability is about to receive a personal injury settlement or an inheritance directly.
You are a financial advisor building a plan for a client whose family includes a person with a disability, and the legal documents need to match the financial plan.
You want to name who will manage money and make decisions for your loved one when you are no longer able to.
You already have a special needs trust and want to review whether it still fits the family and the current rules.
This kind of planning works best when it starts with the whole picture: the person you are planning for, the benefits they receive or may need, and the family and advisors already involved. We start by understanding all of that. Then we explain the options in plain language, what each one does, what it requires, and what it means for your loved one’s benefits, so you can decide with a clear picture.
You work with the attorney handling your plan directly, and we coordinate with your financial advisor and benefits counselor so the legal documents and the financial plan fit together. We keep you informed as the plan comes together, and we are available when questions come up later, because these plans are meant to last for many years.
Planning for a loved one with a disability?
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Special needs planning is handled directly by Sarah Young, the firm’s founder. You work with the attorney responsible for your plan, so the person who learns your family’s situation is the same person guiding the documents and coordinating with your advisors.
Special needs planning brings together the legal tools that provide for a person with a disability while protecting the benefits they depend on. We handle the following in North Carolina.
A third-party special needs trust is funded with someone else’s money, usually a parent, grandparent, or other relative, rather than the assets of the person with a disability. It can hold an inheritance or a gift and use it for the person’s benefit over time, alongside the public benefits they receive. Because the person never owns the trust assets directly, this is the common way families plan ahead for a loved one with a disability. We explain how it works and how to coordinate it with your will, your beneficiary designations, and the rest of your estate plan.
A first-party special needs trust holds money that belongs to the person with a disability, for example a personal injury settlement or an inheritance left to them directly. The rules for this kind of trust are different from a third-party trust, and they include specific requirements set by federal and state law. We explain when a first-party trust fits, what it requires, and how it interacts with the benefits the person receives, and we work with the other professionals involved so it is set up correctly.
An ABLE account is a tax-advantaged savings account for eligible individuals with a disability, designed so that savings within the limits set by law do not affect certain benefits the way ordinary savings would. ABLE accounts and special needs trusts can work together as part of one plan. We help families understand how an ABLE account fits alongside a trust and how to coordinate the two, and we work with your other advisors on the details.
Needs-based public benefits, such as Supplemental Security Income and Medicaid, are available to people whose income and resources fall within limits set by program rules. Money left to a person with a disability the ordinary way can push them over those limits and interrupt the benefits they rely on. A properly structured special needs trust or ABLE account is designed to let resources be used for the person’s benefit while working within those program rules, so the support supplements what public benefits provide rather than replacing it.
The rules are detailed and specific, which is why this planning is done carefully and reviewed as circumstances change. We explain how it applies to your family’s situation. We do not promise a particular result, because eligibility depends on the program rules and the facts.
Talk with a special needs planning attorney.
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Special needs planning usually involves more than one professional. A financial advisor may be building a long-term plan for the family, a benefits counselor may be managing eligibility, and the legal documents have to fit both. We are comfortable working as part of that team. When a financial advisor brings us in, we handle the legal side, the trust documents and how they connect to the family’s estate plan, and we keep the advisor informed so the financial plan and the legal plan stay aligned. Families and advisors can call us directly to talk through a situation before anything is set up.
A few things about how this planning works are worth knowing.
Special needs trusts and ABLE accounts are shaped by federal benefit programs and by North Carolina law, and the details matter. We build the plan to fit the current rules and your family’s situation.
A plan put in place before an inheritance or a settlement arrives is generally simpler than one assembled after the money is already in the person’s name. When money has already been received directly, there are still options, and we walk through them with you.
The trust connects to your will, your beneficiary designations, and the other decisions in your plan, which is why we look at the whole picture rather than one document on its own.
The broader plan a special needs trust fits into, including wills, powers of attorney, and healthcare directives.
For long-term care planning, Medicaid planning for older adults, and guardianship of an adult who can no longer manage their own affairs.
For families settling the estate of someone who has passed away.
A special needs trust holds money for the benefit of a person with a disability without giving them direct ownership of it, so the funds can be used for their benefit while working within the rules of needs-based public benefits. There are two main types, one funded with a family member’s money and one funded with the person’s own money, and they follow different rules. We explain which one fits your situation at the consultation.
It can. Needs-based benefits like SSI and Medicaid look at a person’s income and resources, and money left to them directly can push them over the program limits and interrupt those benefits. Planning ahead, often with a special needs trust, is how families provide for a loved one while working within those rules. We do not promise a specific outcome, because eligibility depends on the program rules and the facts, and we explain how it applies to your situation.
A third-party trust is funded with someone else’s money, usually a parent or grandparent planning ahead. A first-party trust is funded with the person’s own money, for example a personal injury settlement or an inheritance they received directly, and it follows additional rules set by law. We help you understand which one applies and how to set it up correctly.
An ABLE account is a tax-advantaged savings account for eligible individuals with a disability, while a special needs trust is a legal arrangement managed by a trustee. The two can work together in one plan. We help families understand how an ABLE account fits alongside a trust and coordinate the details with their other advisors.
Talk with us before the money is paid out, if you can. When a person who receives needs-based benefits is set to receive a settlement or an inheritance directly, a first-party special needs trust is often part of the solution, and the timing matters. If the money has already been received, there are still options, and we walk through them with you.
Yes. Many of our special needs matters start with a call from a financial advisor or come in alongside a benefits counselor already working with the family. We handle the legal side and keep the other professionals informed so the financial plan and the legal plan stay aligned. Advisors and families can call us directly.
Special needs planning is handled directly by Sarah Young, the firm’s founder. You work with the attorney responsible for your plan from the first conversation.
It depends on the matter. Special needs planning is generally handled on a retainer basis, and we explain what to expect at the consultation, which is complimentary. We do not publish fixed prices, because the work varies with the situation.
If you are planning for a loved one with a disability, or you advise a family that is, talk with a special needs planning attorney serving Winston-Salem, Clemmons, Mocksville, and the surrounding Triad communities. The earlier we understand the situation, the more options we can lay out. Special needs planning consultations are complimentary.
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