Special needs planning typically involves Medicaid planning for people under age 65. Oftentimes, a person receives money from a court settlement or other source that could make them disqualified for benefits if they receive it in their own name. In those cases, it is important to consider setting up what we call a d(4)(A) trust (from 42 U.S.C. §1396p(d)(4)(A)). This type of trust is designed to hold and administer assets that belong to the disabled person. Another type of special needs trust is commonly referred to as a supplemental needs trust and that trust is designed to receive and administer assets from someone other than the disabled person. The difference between the two trusts is that the d(4)(A) trust is required to repay Medicaid after the disabled person dies, while a supplemental needs trust is not.
Special needs planning helps ensure your loved one is financially supported without jeopardizing eligibility for essential government benefits. We create personalized plans that provide long-term security while preserving access to the resources they depend on.
A comprehensive special needs plan addresses more than finances—it helps establish trusted decision-makers, long-term care arrangements, and clear instructions for your loved one's future well-being.
Planning for a loved one with special needs provides confidence that they will continue to receive the care and financial support they deserve for years to come. At Davis Law Firm, we work with families to develop thoughtful, customized plans that protect both their future and their quality of life.