Special Needs Planning Attorney & New Albany Special Needs Trust Lawyer

Providing Trusted Legal Guidance for Families of Special Needs Individuals

Planning for the future of a loved one with special needs requires thoughtful strategies to ensure they receive proper care without jeopardizing access to essential government benefits. As experienced special needs planning attorneys, we are dedicated to helping families in New Albany and the surrounding communities create comprehensive special needs plans that offer financial security and peace of mind.

Take the first step toward securing your loved one’s future today. Our special needs planning attorneys are here to provide trusted legal guidance tailored to your family’s unique circumstances. Whether you need to set up a special needs trust, establish guardianship, or develop a long-term financial plan, we can help.

Call us now at 812-944-8005 or fill out our contact form below to schedule a confidential consultation. Let’s work together to ensure your loved one’s care and financial security for years to come.

What Is Special Needs Planning?

Special needs planning focuses on protecting the long-term well-being of individuals with disabilities while ensuring they maintain eligibility for vital government assistance programs such as Supplemental Security Income (SSI) and Medicaid. Without a carefully structured plan, an inheritance or financial gift could unintentionally disqualify them from these benefits.

Through special needs trusts and other legal tools, our special needs planning attorneys develop strategies that allow families to provide financial support while preserving access to essential public assistance programs.

Why Work with a Special Needs Planning Attorney?

Many families attempt to manage their loved one’s financial future on their own, but without proper legal guidance, significant mistakes can occur. Our special needs planning lawyers help families avoid common pitfalls such as:

• Disqualifying a loved one from public benefits by leaving them an outright inheritance.
• Failing to establish proper guardianship or decision-making authority.
• Choosing an unsuitable trustee who lacks the knowledge to manage a special needs trust effectively.
• Overlooking key expenses that should be factored into a long-term care plan.

Our special needs planning law firm understands the complexities of estate planning for families with disabled loved ones. We provide customized legal solutions to ensure your family member is protected now and in the future.

What Is A Special Needs Trusts & How Can It Protect My Loved One’s Future?

A special needs trust (SNT) is a legal tool designed to hold assets for the benefit of a disabled individual without affecting their eligibility for government benefits. These trusts supplement government aid by covering expenses that enhance quality of life, such as:

• Specialized therapies and treatments
• Assistive devices and home modifications
• Education and vocational training
• Personal care attendants and companion services
• Recreation, travel, and entertainment

Types of Special Needs Trusts

Our special needs trust attorneys can help determine which trust best suits your family’s needs:

Third-Party Special Needs Trust

Funded by parents, grandparents, or other loved ones, this trust is not subject to Medicaid payback rules and allows assets to be passed down without impacting government benefits.

First-Party (Self-Settled) Special Needs Trust

Established with the disabled individual’s own funds (such as lawsuit settlements or inherited assets), this trust must include a Medicaid payback provision.

Pooled Special Needs Trust

Managed by a nonprofit organization, this trust combines resources from multiple beneficiaries while maintaining separate accounts, offering a cost-effective option for families with limited assets.

Choosing the Right Trustee for a Special Needs Trust

Selecting a trustee is one of the most critical decisions in special needs planning. The trustee is responsible for managing trust assets, making distributions, and ensuring compliance with benefit eligibility requirements. Families can choose:

• A trusted family member with knowledge of the beneficiary’s needs
• A professional trustee with financial management expertise
• A nonprofit organization experienced in administering special needs trusts

Our special needs trust lawyers will guide you in selecting the right trustee to ensure the trust is properly managed and maximizes benefits for your loved one.

Guardianship & Conservatorship for Special Needs Adults

When a child with special needs reaches adulthood (age 18), parents no longer have the legal authority to make decisions on their behalf—even if the child remains dependent. Establishing a guardianship or conservatorship ensures that a responsible person can make legal, medical, and financial decisions for an individual who cannot do so independently.

Our special needs planning attorneys assist families with:

• Guardianship applications for adults with disabilities
• Conservatorship arrangements for financial decision-making
• Powers of attorney & advance directives to address healthcare and financial needs

We work closely with families to establish the appropriate level of legal authority based on their loved one’s abilities and circumstances.

Frequently Asked Questions (FAQs) About Indiana Special Needs Planning

What happens if I leave money to my special needs child in a will?

If you leave assets directly to your child, they could lose SSI, Medicaid, or other government benefits. Instead, funds should be placed in a special needs trust, which allows them to receive financial support while remaining eligible for public assistance.

Can a special needs trust be changed or revoked?

It depends on the type of trust. A revocable special needs trust can be modified, while an irrevocable trust cannot be changed once established. We can help you choose the best option for your family.

How do I fund a special needs trust?

Special needs trusts can be funded through gifts, inheritances, life insurance policies, lawsuit settlements, and other financial resources. As special needs planning attorneys with decades of legal practice, we can help determine the best funding strategy for your loved one’s needs.

Can other family members contribute to a special needs trust?

Yes! Grandparents, siblings, and other relatives can make gifts or name the trust as a beneficiary in their wills or life insurance policies.

Call Our Special Needs Planning Attorneys in New Albany Today

At Mattox & Wilson, we are dedicated to helping families in New Albany and the surrounding communities create comprehensive special needs plans. Whether you need to establish a special needs trust, set up guardianship, or explore financial planning options, our team is here to provide trusted legal guidance.

Call us today at 812-944-8005 or fill out our online contact form to schedule a consultation with an experienced New Albany special needs planning lawyer.