Special Needs Planning
Ensure your loved one’s future is protected with a comprehensive special needs plan. We help families establish special needs trusts, preserve eligibility for government benefits, and create personalized legal strategies that provide long-term financial security and quality of life.
The $2,000 Asset Trait: Preserving SSI and Medicaid
Means-tested government programs like Supplemental Security Income (SSI) and Medicaid enforce strict individual resource limits—often as low as $2,000. Leaving a direct inheritance, a gift, or naming your loved one as a beneficiary on a standard life insurance policy can inadvertently disqualify them from healthcare, housing subsidies, and daily support services.
Securing the Future for Your Loved One with Special Needs
Providing lifelong care for a family member with physical, developmental, or cognitive disabilities requires more than just financial planning—it requires a protected legal framework. At Citrin & Whitman P.A., we help you build a secure roadmap that enhances your loved one’s quality of life without risking the vital government benefits they depend on.
Our special needs planning
Third-Party Special Needs Trusts
Used when the individual with a disability directly inherits money or receives a personal injury settlement. It protects their current benefits but requires a state Medicaid reimbursement clause at death.
First-Party / Self-Settled Trusts
We seamlessly integrate tax-advantaged NC ABLE accounts with your broader trust structures. This gives your loved one independent spending power for everyday qualifying expenses with fewer restrictions.
NC ABLE Account Coordination
For adults with diminished cognitive capacity, we help families establish structural Guardianships or tailored Powers of Attorney to oversee medical and legal choices confidently.
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Have a question about a case, property transaction, or estate plan? Contact Citrin & Whitman P.A. today to schedule a consultation with our experienced legal team. We look forward to reviewing your matter.
Safeguarding Vital Government Benefits
We establish customized Third-Party and First-Party Special Needs Trusts. These legal vehicles allow you to leave an inheritance, property, or life insurance payouts to your loved one without risking their eligibility for essential means-tested benefits like SSI and Medicaid.
Securing Legal Decision-Making Power
When a child with special needs reaches age 18, parents no longer have automatic legal authority over their medical or financial choices. We help families secure legal Guardianship or establish tailored Powers of Attorney and Healthcare Directives to maintain seamless, protective oversight.
Coordination & Future-Proofing
We review your entire estate plan to ensure extended family members do not inadvertently leave direct gifts to your loved one. Our team integrates your Special Needs Trust with NC ABLE accounts and coordinates a comprehensive Letters of Intent to pass on daily care instructions smoothly.
Frequently Asked Questions
The ideal time is right now while you are actively drafting your family estate plan. It is critical to have the trust fully structured before an inheritance, settlement, or life insurance payout is distributed, as establishing a third-party trust after you pass away is impossible.
Yes, any responsible adult over 18 who is a North Carolina resident can be a trustee—except the beneficiary themselves. Because administering a special needs trust requires adherence to strict government regulations, we guide family trustees to ensure they make distributions correctly.
No. A standard trust or Will that gives the beneficiary direct access or mandatory payouts will count as an available asset, causing an immediate disqualification or suspension of their SSI and Medicaid benefits.
A Letter of Intent is a non-legal document you write to accompany a Special Needs Trust. It acts as a comprehensive, personal guidebook for future trustees and guardians, outlining your loved one’s unique daily routines, medical history, dietary preferences, favorite activities, and long-term life goals. While not legally binding, it is absolutely essential for passing on the detailed, personal care knowledge that only a parent or primary caregiver possesses.
No, they work best when used together. While an NC ABLE account is a fantastic, tax-advantaged tool that allows individuals with disabilities to manage up to $15,000 annually for immediate daily expenses, it has strict lifetime contribution caps and a state Medicaid payback provision upon death. A Special Needs Trust can hold unlimited assets (like real estate or large inheritances), offers greater long-term structural protection, and can fund the ABLE account over time.