Caring for a loved one with special needs comes with many responsibilities, and one of the most important is making sure they’ll be supported well into the future. That means putting a plan in place that protects their access to vital government benefits while allowing you to contribute to their care and quality of life. At Surprenant, Benesk & Nunes, P.C., we work with families like yours every day to create thoughtful, lasting solutions. We understand this process can feel overwhelming—but you don’t have to go through it alone.
Understanding Medicaid and Eligibility Requirements
Medicaid offers health care and long-term support services for individuals with disabilities, but the program has strict financial guidelines. To qualify, a person typically must have limited income and very few assets. Even a small inheritance or financial gift from a family member could lead to disqualification from benefits if the funds aren’t handled the right way.
That’s why planning ahead matters. It’s not just about financial protection—it’s about ensuring your loved one can continue receiving the care and services they need without interruption.
Special Needs Trusts: A Key Planning Tool
A special needs trust is one of the most effective ways to set aside funds for your loved one without affecting their eligibility for programs like Medicaid or Supplemental Security Income (SSI). These trusts hold assets that can be used to enhance quality of life—without counting against benefit limits.
There are two main types of special needs trusts:
- First-party trusts are funded with the beneficiary’s own assets, such as a legal settlement or inheritance.
- Third-party trusts are funded by parents, grandparents, or others who want to provide for their loved one.
The funds in these trusts can pay for:
- Therapy not covered by insurance
- Personal care assistants
- Travel and transportation
- Hobbies or recreational activities
- Medical equipment and supplies not covered by Medicaid
We’ll work closely with you to make sure the trust is drafted and funded correctly, and we can also help you identify a trustee who will manage it with care.
Guardianship and Decision-Making Support
When your child with special needs turns 18, the law considers them an adult—even if they still rely on you for everyday support. That’s why it’s important to consider legal tools that allow you to continue helping them make decisions safely and effectively.
Depending on your family’s needs, we may recommend:
- Guardianship, if your loved one cannot make decisions on their own
- Durable power of attorney, to manage financial affairs
- Health care proxy, to help with medical decisions
We’ll take the time to understand your loved one’s abilities and challenges so we can guide you toward the right level of support.
Long-Term Care Planning for the Whole Family
Planning for the future means looking at the big picture—not just for your loved one with special needs, but for the whole family. Parents and caregivers often take on the full weight of care, but it’s important to think ahead to a time when someone else may need to step in.
Here are some of the tools that can help:
- Long-term care insurance, which can cover your own future needs and protect family assets
- Life insurance, especially policies that name a special needs trust as a beneficiary
- A letter of intent or care plan, which provides guidance to future caregivers about your loved one’s routines, preferences, and medical needs
With the right planning, you can help ensure a smooth transition, no matter what the future holds.
Protecting Assets While Preserving Benefits
Giving money directly to a person with special needs or transferring assets without proper timing can lead to penalties and loss of benefits. That’s why it’s important to avoid common mistakes and structure your financial support carefully.
We’ll help you:
- Understand Medicaid’s five-year “look-back” rule
- Choose the right way to transfer or preserve assets
- Time any gifts or contributions to avoid penalties
- Coordinate your estate plan with your child’s benefit eligibility
Our goal is to help you create a strategy that protects your loved one’s financial security while keeping essential benefits intact.
Contact Our Southeastern Massachusetts Medicaid Planning for Special Needs Families Attorney
At Surprenant & Beneski, we’re committed to helping families create lasting, protective plans for their loved ones with special needs. Whether you’re just getting started or looking to update your current plan, we’ll walk you through every step. Contact us today to schedule a consultation and take the next step toward peace of mind for your whole family.