Special Needs Planning Lawyer | Pierro, Connor, & Strauss, LLC

Pierro, Connor & Strauss, LLC strives to make a difference in the lives of people with disabilities.

Planning for an individual with a disability requires special knowledge of estate planning rules, guardianship laws, and government benefits. If you are a person with a disability or have a person with a disability in your life, please contact one of our Special Needs Planning Attorneys for a consultation to develop an individualized estate and long-term care plan which best fits your needs. We have experience helping clients across New York City, Albany, and many other parts of the state and are ready to go to work for you.

Special Needs Planning includes decision-making for the individual with a disability either through the use of a Durable Power of Attorney and Health Care Proxy or through a guardianship. It also includes estate and benefits planning for the individual, often through the use of a Supplemental Needs Trust (SNT). In addition, Pierro, Connor & Strauss, LLC Special Needs attorneys can assist with the application for Medicaid benefits and advocacy through other government agencies.

Special Needs Planning Team

Louis W. Pierro

Aaron E. Connor

Peter J. Strauss

Call us today for a FREE consultation

(866) 951-7526

Young pretty woman spending time with people with down syndrome

Types of Special Needs Planning Services We Offer

Guardianship
Estate Planning, including use of Supplemental Needs Trusts
Benefits Counseling
Medicaid Application and Advocacy
Advocacy with other Government and Not-For-Profit Agencies
Estate Planning for those with physical, developmental disabilities, and mental illness

Planning for an individual with a disability requires special knowledge of estate planning rules, guardianship laws and government benefits. If you are a person with a disability or have a person with a disability in your life, please contact one of our Special Needs Planning Attorneys for a consultation to develop an individualized estate and long-term care plan which best fits your needs. We have experience helping clients across New York City, Albany, and many other parts of the state and are ready to go to work for you.

Speak With a Special Needs Planning Lawyer

Parents naturally worry about what would happen to their children when they are no longer able to care for them. This concern is especially common among parents and other caregivers of those with disabilities. Special needs planning can help allay these fears by putting legal strategies in place to ensure that family members with disabilities will be cared for into the future.

A disability can be present from birth or acquired later through an accident or illness. In either case, a special needs planning lawyer looks at the individual’s medical condition, the family’s financial situation, and other factors such as government assistance to craft a plan that protects the beneficiary.

Estate planning for people with special needs is not a one-size-fits-all situation. If you care for an individual with special needs, speak with an Albany special needs planning lawyer at our firm to find the solution that is right for your family.

Why Special Needs Planning Is Important

Special Needs Planning encompasses the holistic planning needs of an individual with a disability. It takes into consideration:

The health, legal, and financial decision-making that will be required on behalf of the individual with the disability both immediately and in the future.
Personal and social services that clients provide to the disabled loved one that would need to be provided by someone else in their absence, including acting as a guardian, advocate, companion, and chauffeur.
Estate and benefits planning that will protect the individual’s assets while ensuring that qualification for government benefits is not interrupted.

Is a Special Needs Trust Appropriate?

Those who qualify for government disability benefits quickly discover that the benefits cover bare basics but not enough to live a comfortable life. Many well-intentioned family members believe that disinheriting a disabled family member will protect the ability to qualify for benefits, but this often leaves their intended share in the hands of another family member, raising other legal, financial, and practical ramifications. A special needs trust often solves these problems.

Under New York law, an SNT may be set for the benefit of a person with a severe and chronic or persistent disability. Often SNTs are set up by parents or grandparents, but it is possible for the disabled person to set up an SNT for their own benefit. A critical part of setting up the trust involves choosing a trustee who will responsibly handle the accounts.

The assets in an SNT may be used for large or small expenses, from purchasing a home for the beneficiary to live in to paying for recreational activities to enrich their lives. However, certain types of SNTs must include a payback provision directing the trust to pay back certain government benefits upon the beneficiary’s death. Talk to a special needs will planning attorney to find out which type would be the most appropriate for your situation.

Special Needs Planning FAQ’s

Are there different types of SNTs?

Yes, there are different types of SNT’s depending on WHO creates the trust, HOW the trust is created and WHOSE money and assets will be transferred to the trust.

Can you place the proceeds from a personal injury action in an SNT?

This is a very common use of first-party SNT’s. Pierro, Connor & Strauss often works with personal injury law firms to assist with the creation of first-party SNT’s to receive either lump-sum payments or annuity payments from personal injury lawsuits. In doing so, the beneficiary would not lose his or her crucial Medicaid benefits.

How can you create an SNT?

A family member may create an SNT for the benefit of a person with a disability by either creating a stand alone SNT while the creator is alive (called an inter vivos SNT) or by creating it under a Will (called a testamentary SNT).

If the person with a disability wants to create his/her own SNT, based on state and federal law, they must work with either their parent, grandparent, guardian or a court to act as the “grantor” or “settlor”. This is the person who officially creates the trust.

What if the person with a disability no longer has any living parents or grandparents and does not have or need a guardian?

Pierro, Connor & Strauss LLC could then assist the individual to petition a court to grant permission to create an SNT.

What is a first-person SNT?

An SNT is called a “first-person” SNT when the funds going into the trust originally belonged to the beneficiary or was designated to be distributed to the beneficiary. In New York, this is also considered a “payback” trust because at the death of the beneficiary, the Trustee must first reimburse the local Medicaid agency (either the Department of Social Services or HRA) for the value of benefits paid out to the beneficiary through the Medicaid program. If there are any funds left after reimbursing the local Medicaid agency, then the balance may go to the beneficiary’s estate.

What is a Supplemental Needs Trust?

A Supplemental Needs Trust, also known as a Special Needs Trust or SNT, is a particular type of trust created for the benefit of an individual with a disability. The trust is governed by state and federal law and is created in a way so that it does not affect the trust beneficiary’s ability to receive government benefits such as Medicaid or SSI.

What is a Third-Party SNT?

An SNT is called a “third-party” SNT when the funds going into the trust originally belonged to a person OTHER than the beneficiary, such as a parent, grandparent, etc. With a third-party SNT, there are no payback provisions to the state, so at the death of the beneficiary, the Trustee can pay any outstanding principal to whomever the original trust creator indicates, including other family members or not for profit agencies.

Comprehensive Special Needs Planning

If you are a person with a disability or have a loved one with a disability, contact us today to discuss your options for special needs planning. It is a good idea to talk to an Albany will planning attorney with experience in estate planning that involves people with special needs. At Pierro, Connor & Strauss, LLC, we offer a range of services needed to meet the personalized needs of clients and their families. Receipt of public benefits impacts many areas in the disabled person’s affairs and must be considered at each step of the plan. Guardianship, power of attorney, a Supplemental Needs Trust, or another estate planning tool may protect benefits while allowing the family to more fully provide for a loved one’s needs. Call us, email, or use our online form to contact us today for a free consultation.

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