Special Needs Planning

Planning for a loved one with a disability starts with a practical question: how can you provide support without disrupting the benefits they may rely on?

Basar Law helps families with special needs planning, including special needs trusts. We help you consider your loved one’s needs, the resources available to support them and how those arrangements fit into your family’s estate plan.

When special needs planning can help

You may be preparing to leave an inheritance, reviewing an existing trust or thinking about who will manage financial support when you can no longer do it yourself. A useful starting point is to identify what your loved one receives now, what you want to provide and who will carry out the plan.

What does a special needs trust do?

A special needs trust holds assets for a person with a disability. When properly structured and administered, it may allow those assets to support the person without being counted against eligibility for certain needs-based public benefits.

The details matter. Who owns the money before it enters the trust, the trust’s terms and how the trustee makes payments can affect the result. A trust is not a blanket guarantee that benefits will stay unchanged.

What we will discuss with you

• Your loved one’s current needs and any benefits they receive.
• The money or property you want to set aside, and who currently owns it.
• Who could serve as trustee and manage the funds responsibly.
• How the proposed arrangements fit with your will, trust and beneficiary designations.

These questions help us identify the planning issues before recommending documents. If you already have an estate plan, bring it to the discussion.

Common questions

Is this the same as Medi-Cal planning?

No. Special needs planning focuses on financial support for a person with a disability. Medi-Cal may be part of that discussion, but the plan can involve other benefits and family resources. If your main concern is long-term care coverage, see our Medi-Cal planning services.

Does it matter whose money goes into the trust?

Yes. A trust funded with the beneficiary’s own assets is treated differently from one funded with someone else’s assets. The distinction can affect the requirements that apply, including Medi-Cal repayment provisions. We will discuss which issues are relevant to your situation.

Can trust payments affect benefits?

Yes. Even when a trust itself is not counted as a resource for Supplemental Security Income (SSI), some payments can affect the recipient’s benefits. Planning should address how the trust will be used, not only how it is written.

Talk with Basar Law about your family’s plans

Book a consultation to discuss special needs planning. You can also call 949-659-9816. In-person meetings at our Huntington Beach office are by appointment.

Related services: Estate planning and trust administration.

Further reading: Social Security’s guidance on trusts and SSI and California DHCS guidance on special needs trusts.

This page provides general information, not legal advice for your circumstances.