Special Needs Estate Planning in Pennsylvania

Planning for the future of a loved one with special needs requires careful attention to detail. At Herr, Potts and Potts our experienced attorneys work closely with families across Wayne, PA, West Chester, PA, and surrounding areas in Chester County, Delaware County, and Montgomery County to ensure financial security without jeopardizing vital government benefits.

From establishing Special Needs Trusts to creating wills for special needs children, we help families craft comprehensive plans that address healthcare, education, and quality of life needs. With a compassionate and knowledgeable approach, we guide clients through the complexities of special needs estate planning and provide solutions tailored to each family’s unique circumstances.

What is a Special Needs Trust?

A Special Needs Trust (SNT) allows you to leave an inheritance, gifts, life insurance proceeds, or lawsuit settlements to a person with disabilities without affecting their eligibility for essential government benefits like Supplemental Security Income (SSI) or Medicaid/Medical Assistance. For individuals receiving public benefits, assets cannot exceed $2,000—making the use of an SNT critical for financial security.

How a Special Needs Trust Can Help

Assets placed in a Special Needs Trust can be used for:
• Medical and dental care not covered by insurance
• Education and vocational training
• Transportation and home modifications
• Therapies (occupational, recreational, psychological)
• Assistive technology, furnishings, and other quality-of-life enhancements
• Funeral planning

While funds cannot be directly used for food, housing, or clothing without impacting SSI eligibility, they can supplement benefits where public assistance falls short.

Types of Special Needs Trusts

Choosing the right type of trust is critical. As trusted special needs trust attorneys, we help families in southeastern Pennsylvania determine the best structure for their needs.

1. Common Law Discretionary Trust

Funded by third parties, such as parents or grandparents, through gifts or inheritance
The trust must be irrevocable and grant the trustee absolute discretion over funds
No payback is required to the state for Medicaid/Medical Assistance expenses

2. OBRA-93 Payback Trust

Funded with assets belonging to the individual with disabilities (e.g., lawsuit proceeds or divorce settlements)
Upon the beneficiary’s death, any remaining funds must be used to repay Medicaid/Medical Assistance expenses
Must be established before the beneficiary turns 65

3. Pooled Trust

Administered by a non-profit organization, pooling resources from multiple beneficiaries
No payback is required to the state, and funds benefit other individuals within the trust

If you’re considering any of these options, consulting a special needs estate planning attorney is crucial to ensure your trust meets all legal requirements and preserves your loved one’s access to public benefits.

Why Families in Wayne, West Chester, and Southeastern PA Trust Us

Over the years, families in Chester County, Delaware County, and Montgomery County have relied on our firm for personalized, compassionate legal services. We go beyond simply drafting documents; we create flexible plans that adapt to changing circumstances. A child facing challenges today may grow to become a fully independent adult, and we account for these possibilities.

Key Services We Offer

Our team of special needs attorneys is here to assist with:
• Drafting Special Needs Trusts and ABLE Accounts
• Developing wills for special needs children
• Ensuring assets leave an inheritance without jeopardizing benefits
• Securing continued eligibility for Medicaid and Social Security
• Transition planning to adulthood and vocational support
• Guardianships and Powers of Attorney for future decision-making

If you’re searching for ABLE account attorneys or Special Needs Trust attorneys near you, we have the experience and local knowledge to guide you.

Financial Security Through ABLE Accounts

In addition to Special Needs Trusts, we help families establish ABLE Accounts. These accounts allow individuals with disabilities to save up to $18,000 annually (as of 2024) without impacting SSI benefits. Funds in ABLE Accounts can be used for qualified expenses such as housing, education, and health care.

Protecting Benefits and Addressing Challenges

Families often face challenges when managing public benefits and inheritance for loved ones with disabilities.

Our attorneys have successfully:
• Drafted Payback Trusts to protect large financial settlements
• Helped grandparents include trusts in their wills to secure an inheritance
• Established ABLE Accounts for working individuals to save without losing Medicaid/Medical Assistance eligibility
• Advocated for continued medical assistance eligibility after local benefit termination

With a focus on financial security, health care, and long-term planning, we provide families with peace of mind knowing their loved one’s future is secure.

Why Hire a Special Needs Planning Attorney?

Creating a Special Needs Trust or estate plan is a highly complex process. Mistakes can lead to the loss of critical benefits, placing your loved one at risk. By working with one of the best special needs planning attorneys in Pennsylvania, you can be confident that every detail is handled properly.

Herr, Potts and Potts takes the time to:
• Identify the best type of trust for your situation
• Advise on selecting a dependable trustee and advocate
• Draft sound, legally compliant plans that adapt over time

Serving Families Across Southeastern Pennsylvania

Our firm proudly serves families in Wayne, West Chester, and across Chester County, Delaware County, and Montgomery County. We understand the unique challenges you face and are here to provide the legal expertise you need.

If you are looking for a special needs trust attorney or need assistance with estate planning for a special needs child, we are ready to help.

Schedule a Confidential Consultation

At Herr, Potts and Potts we are dedicated to helping families plan for the future with compassion and precision. Whether you need a will for a special needs child, a Special Needs Trust, or guidance on ABLE Accounts, our attorneys are here to provide trusted, local support.