Every family wants to make sure a loved one with special needs is supported now and in the years to come. But balancing that care with long-term planning can feel overwhelming, especially when public benefits and complex rules are involved. That’s why having a clear plan matters. We help families throughout Massachusetts create lasting solutions that protect benefits, honor personal wishes, and provide peace of mind. At The Law Offices of Patricia Bloom-McDonald, we’ll help you prepare with care and confidence.
Why Special Needs Planning Matters
When someone you love has a disability, planning for the future isn’t just about assets. It’s about making sure they’ll continue receiving the support they depend on while also having access to the resources you want them to have. Many government programs, like Supplemental Security Income (SSI) and Medicaid, have strict income and asset limits. Leaving money directly to your loved one could put their benefits at risk.
It’s important to think through how funds will be managed and who will be in charge. Special needs planning helps you:
- Protect access to public benefits
- Set aside money for extras like education, hobbies, or therapies
- Choose someone you trust to manage those funds responsibly
- Ensure your loved one’s needs are met long after you’re gone
It’s never too early—or too late—to create a plan that gives both you and your family peace of mind.
What Is a Special Needs Trust?
One of the most common tools we use is a Special Needs Trust (SNT). This is a legal arrangement that holds assets for the benefit of a person with disabilities without counting those assets against government benefit limits.
The Trust is managed by a trustee—someone you name—who uses the funds to pay for things like:
- Out-of-pocket medical costs
- Transportation
- Recreational activities
- Personal care attendants
- Educational expenses
There are two main types of Special Needs Trusts:
- First-party trusts are funded with the beneficiary’s own assets (such as an inheritance or legal settlement). These are subject to Medicaid payback rules after the person passes away.
- Third-party trusts are funded by someone else—usually parents or family members—and do not require Medicaid repayment.
We’ll help you decide which type of Trust makes the most sense for your situation and draft a document that reflects your wishes and your loved one’s future needs.
Other Planning Tools to Consider
While the Special Needs Trust is a key part of many plans, it’s only one piece. A comprehensive special needs plan may also include:
- A guardianship nomination or successor caregiver designation to ensure someone is appointed to make decisions if you are no longer able to do so
- A durable power of attorney and health care proxy if your loved one has the legal capacity to name someone to help with decisions
- A letter of intent, which isn’t a legal document but provides future caregivers with helpful information about your loved one’s routines, preferences, medications, and more
- ABLE accounts, which allow people with disabilities to save money in tax-advantaged accounts without affecting their benefits (within certain limits)
Every family’s situation is different. We take the time to understand your goals and create a plan that reflects your priorities.
How We Can Help You Plan for the Future
When you work with our office, you’ll get personal attention and practical guidance. We begin with a conversation—learning about your loved one, their needs, and your long-term hopes. Then, we build a plan that fits your family. We’ll walk you through each option in plain English so you know exactly what you’re putting in place and why it matters.
Life changes, and your plan may need to change, too. Whether you need to update the Trust, adjust the trustee, or respond to a new diagnosis or financial situation, we’re ready to help.
Contact Our Experienced Westport, MA Special Needs Planning Attorney
Planning for a loved one with special needs is one of the most caring things you can do. It brings clarity, structure, and peace of mind. If you’re ready to take the next step, we’re here to guide you. Contact The Law Offices of Patricia Bloom-McDonald today to schedule a consultation. Let’s work together to build a plan that supports your loved one, now and in the future.
Located in Westport, The Law Offices of Patricia Bloom-McDonald proudly serves clients across Massachusetts, including all of Bristol and Norfolk Counties, Plymouth, and the southern coast. Specific areas of service include New Bedford, Fall River, Dartmouth, Acushnet, Taunton, Dighton, Berkley, Swansea, Somerset, Seekonk, Fairhaven, Marion, Raynham, Easton, Mansfield, Attleboro, North Attleborough, Rehoboth, Lakeville, Bridgewater, Rochester, Norton, Assonet, Stoughton, Canton, Sharon, West Bridgewater, Brockton, Whitman, Maynard, Quincy, and Cape Cod. If you cannot come to us, we will come to your home, office, or a convenient location of your choosing. The initial consultation is complimentary.