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Lotus Estate Planning & Elder Law
Service · Special Needs Planning

A plan that protects benefits, and the person you love.

Special needs trusts, ABLE accounts, and letters of intent designed to keep your family member supported, dignified, and qualified for every benefit they're entitled to, for the rest of their life.

Family support
The Quiet Risk

An inheritance, in the wrong form, can disqualify them from everything.

Most needs-based public benefits, SSI, Medicaid, housing assistance, have strict asset limits, often as low as $2,000. A grandparent's well-meaning bequest, a small lawsuit settlement, or a 401(k) beneficiary designation can wipe out eligibility overnight.

A properly designed special needs trust holds those resources separately. The benefits stay intact. The funds enrich the person's life, therapy, travel, technology, comfort, without ever counting against them.

The Tools We Use

Four structures, used in combination.

Special needs planning is rarely one tool, it's a careful combination, sized to your family's resources and the person's needs.

Tool 01

Third-Party Special Needs Trust

Funded by parents, grandparents, or other relatives, typically through their will or trust. The most common structure for an inheritance.

  • · No payback to Medicaid at death
  • · Remaining funds can pass to siblings or charity
  • · Funded at any amount, any time
Tool 02

First-Party / (d)(4)(A) Trust

For assets the person already owns, settlements, inheritances received outright, or back-due Social Security. Funded with the person's own money.

  • · Must be established before age 65
  • · Medicaid payback at death
  • · Critical after lawsuit settlements
Tool 03

ABLE Accounts

Tax-advantaged savings accounts (529A) for individuals whose disability began before age 26 (or 46 starting in 2026). Up to $18,000/year, balance under $100k doesn't affect SSI.

  • · The person can have signing authority
  • · Pairs powerfully with a trust
  • · Tax-free growth for qualifying expenses
Tool 04

Letter of Intent

Not legally binding, but invaluable: a written guide to your loved one's daily life, preferences, medical history, support team, and the small things that matter most.

  • · Updated as needed for an additional fee
  • · The roadmap a successor caregiver needs
  • · The piece most plans skip
"
For the first time since our son's diagnosis, we have a plan that doesn't end with us. Lisa built something that will outlive us, and we sleep differently because of it.
Sarah & Mark T.
Third-party SNT & letter of intent
Common Questions

Special needs planning, plainly.

Will my child lose SSI or Medicaid if I leave them money in a will?+
If they receive it outright, very likely yes, most needs-based benefits have very low asset caps. The fix is simple: leave the inheritance to a third-party special needs trust instead.
Should I just disinherit them and leave it all to a sibling?+
Almost never the right answer. The sibling's marriage, debts, lawsuits, or untimely death can put the funds out of reach, and there's no legal protection for your child. A trust is far safer.
Who should be the trustee?+
It depends on the family. If there's a trusted family member that understands the person's needs, that's often the best option. If not, a professional co-trustee or trust company may be worth considering, though cost and minimum asset thresholds can make that route impractical for smaller trusts. And having the wrong trustee is the most common failure point.
When should we do this?+
As early as possible. Even a small inheritance from a relative who isn't yet planning can blow up benefits, and you can't unspill the milk. Setting up the trust now prevents accidents later.
Does my child still need a guardian after they turn 18?+
Sometimes, but supported decision-making, medical directives, and powers of attorney can often replace formal guardianship. We choose the lightest-touch option that protects them.
For The Long Run

A plan that outlives you.

A first meeting to get acquainted and see if we're the right fit for your family.

Schedule a consultation