Disability & Special Needs Planning Attorney in Rochester, MN

Sunlight filtering through trees illuminating a dirt forest trail with lush greenery on either side.
Three dried brown leaves on a reddish stem.
A close-up of green, needle-like succulent plant with striped, variegated leaves.

Peace of Mind

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.

Close-up of many green leaves with white vein patterns.
Older man walking with a cane and young woman in a motorized wheelchair on a shaded park path surrounded by lush green trees and shrubs.

  • We create both first-party and third-party special needs trusts to protect assets without jeopardizing eligibility for Medical Assistance, SSI, or other public programs. These trusts allow families to set aside funds for future needs while maintaining access to critical support.

  • If your child or adult family member needs help making decisions, we’ll help you obtain legal authority through Minnesota’s guardianship or conservatorship process. We’ll explain each step and make sure the arrangement reflects your loved one’s needs.

  • We help ensure that your estate plan works hand-in-hand with state and federal benefit programs. Whether you’re planning for a child, sibling, or aging parent, we’ll help protect their financial future without disrupting important services.

  • We support families during life transitions—like moving from school-based services to adult programming, or preparing for residential care. Our plans account for long-term needs, future caregivers, and evolving medical or financial concerns.

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.

Family of four, including a woman with glasses, a young man, and an elderly man, smiling and hugging outdoors with a blurred green background.

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.

Two women with sunglasses sitting on a bench and a person in a wheelchair on a wooden deck. The woman in front is eating a sandwich and the woman behind is sitting with a colorful blanket over her lap.

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.

A man in a wheelchair opening a drawer in a kitchen. The man has dark curly hair and is wearing glasses, a tan and orange striped shirt, tan pants, and black shoes. The kitchen has white cabinets, a microwave on the countertop, and a white refrigerator.

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.

Schedule a Consultation

FAQs

Here are answers to common questions about special needs planning. For tailored support, click below.

    • A special needs trust allows someone with a disability to receive financial support without losing eligibility for means-tested benefits like SSI or Medicaid. It’s often used by parents or guardians to set aside funds for future care.

    • Yes, but it’s important to choose someone who understands their legal responsibilities. We’ll help you evaluate the right fit and explain what’s required of trustees.

    • Not necessarily. Minnesota guardianships can be limited or tailored to specific needs. We’ll help you understand your options and recommend the least restrictive approach possible.

    • An inheritance can disqualify someone from receiving benefits like SSI or Medical Assistance. We can help you avoid that outcome by creating a trust or restructuring existing plans.

    • Yes. Life changes, and so do needs. We encourage families to review plans every few years or after major events like changes in benefits, school status, or health.

    • It’s strongly recommended. DIY solutions often miss critical compliance issues that could disrupt benefits or create future legal problems. We’ll make sure it’s done right the first time.

Give us a call
Snow-covered riverbank with footprints, rocks, and leafless trees under a bright sun.
People sitting around a campfire at night under a starry sky.

Protecting Government Benefits While Providing Support

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.

We work with parents, grandparents, and caregivers from Wabasha, Red Wing, Zumbrota, and other nearby communities to plan for loved ones with developmental, physical, and cognitive disabilities.

  • Clear Guidance Through Complex Issues: 
    The intersection of disability law and public benefits is complicated. We make the legal side clear so you can focus on supporting your loved one with confidence.

  • We Respect Your Family’s Priorities: 
    Every situation is different. Whether you’re planning for lifelong care or trying to protect a modest inheritance, we’ll help you make informed choices that reflect what matters most.

  • Licensed in Minnesota & Wisconsin: 
    If your family lives near the state border or has ties in both states, we can coordinate your plan to work across jurisdictions and prevent disruption to your loved one’s benefits.