Families with loved ones who have disabilities face specific legal and financial challenges when it comes to ensuring their care and well-being. Davis Law Firm offers legal strategies that provide for the long-term care of individuals with special needs while preserving their access to essential government benefits. We help families create plans that ensure their loved ones are taken care of both now and in the future.
Special Needs Trusts
Create a trust that protects your loved one's financial resources while preserving their eligibility for government programs such as Medicaid and Supplemental Security Income (SSI).
Guardianship & Conservatorship:
Establish legal guardianship or conservatorship to ensure that someone you trust has the legal authority to make important decisions on behalf of your loved one.
Planning for Long-Term Care and Security
One of the most critical aspects of special needs planning is ensuring that your loved one receives ongoing care after you are no longer able to provide for them directly. We work closely with families to create a comprehensive plan that addresses both current and future needs. Our legal strategies are designed to offer peace of mind, so you know that your family member will be financially secure and properly cared for, regardless of changes in circumstances.
- Supplemental Needs Trusts:
Establish trusts that allow family members or third parties to contribute to your loved one's care without compromising their eligibility for government benefits.
- Health Care Decision Making: Set up durable powers of attorney for health care or advanced medical directives to ensure your loved one’s healthcare preferences are respected.
- Lifetime Care Planning: Develop strategies that account for the full spectrum of your loved one’s needs, from daily care to long-term housing and medical considerations.
Planning for a loved one with disabilities requires careful coordination of assets and benefits. Improper handling of resources can unintentionally disqualify your loved one from the vital public benefits they rely on. At Davis Law Firm, we ensure your plan aligns with federal and state regulations, allowing your family member to maintain their eligibility for important programs like SSI, Medicaid, and other support services.
FAQs
Here are answers to common questions about special needs planning. For tailored support, click below.
What is a special needs trust and why do I need one?
A special needs trust holds assets for a person with disabilities without affecting their eligibility for government benefits like SSI or Medicaid.
How does Minnesota law affect special needs planning?
We tailor trust structures, guardianship documents, and benefit coordination to comply with Minnesota statutes while maximizing care and support.
When is legal guardianship necessary?
Guardianship is recommended when an individual cannot make key decisions; we guide families through Minnesota’s guardianship process and assess less‑restrictive alternatives.
What is Medicaid planning for special needs?
Medicaid planning uses trusts and asset structuring to meet eligibility rules, ensuring your loved one maintains vital healthcare and support services.
How often should I review a special needs plan?
Review annually or after any life‑changing event—such as changes in income, housing, or health—to keep the plan aligned with current benefits and legal requirements.