Our Practice Areas
Special Needs Planning Attorney in Raleigh
Planning for a Lifetime of Care and Support
In Raleigh, families with special needs members require thoughtful and specialized estate planning. As a Raleigh special needs planning attorney and someone who grew up with special needs, I bring personal insight and professional expertise to each client’s situation. At The Law Office of Erin Baker Edgar, PLLC, we focus on crafting special needs trusts and other essential tools that protect your loved ones’ access to crucial benefits while ensuring long-term care.
Our dedicated team in Raleigh works closely with you to build a comprehensive plan that addresses all aspects of your loved one’s future, providing security and support that lasts a lifetime.
Special Needs Estate Planning FAQ
The information provided in this FAQ section is designed to offer general guidance and answer common questions about estate planning. It does not constitute legal advice, nor does it specifically address the laws of any particular state. Estate planning laws vary by state, and your individual circumstances may require personalized advice. For detailed guidance tailored to your specific situation and your state’s laws, please consult a qualified estate planning attorney in your area.
Q: Why is estate planning especially important for families with children who have special needs?
A: Children with special needs may rely on government benefits that have strict income limits. Without proper planning, an inheritance could disqualify them from essential services. Estate planning ensures financial stability while protecting eligibility for Medicaid and Supplemental Security Income (SSI).
Q: What is a Special Needs Trust (SNT), and how does it work?
A: A Special Needs Trust (SNT) holds money for your childs benefit without affecting their eligibility for government benefits. The trust pays for things like housing, education, and recreation while allowing them to continue receiving Medicaid and SSI.
Q: Why cant I leave money directly to my child with special needs?
A: An inheritance given directly could disqualify your child from receiving vital government benefits. A Special Needs Trust ensures that money is used for their care without disrupting their access to public assistance programs.
Q: What is an ABLE Account, and how does it differ from a Special Needs Trust?
A: An ABLE Account allows people with disabilities to save money (up to a certain limit) without losing government benefits. However, ABLE accounts have strict annual deposit limits, while a Special Needs Trust can hold unlimited funds. Many families use both.
Q: How can I ensure my child remains eligible for Medicaid, SSI, and other benefits?
A: Using a Special Needs Trust and keeping assets out of your childs name is key. Proper planning ensures they receive financial support without exceeding benefit eligibility limits.
Q: What legal documents should I have in place for my childs future?
A: At a minimum, consider a Special Needs Trust, a will, a power of attorney, and a Letter of Intent. These documents help secure your childs future by specifying financial plans, medical care preferences, and guardianship.
Q: How do I choose a guardian or trustee for my child?
A: Choose someone who understands your childs needs and can manage their care and finances. You can select different people for caregiving (guardian) and financial management (trustee). A corporate trustee or co-trustee may also be helpful.
Q: Where will my child live if something happens to me?
A: Your estate plan can outline future housing arrangements, such as living with a family member, group housing, or supported independent living. A trust can help fund long-term care options.
Q: What is a Letter of Intent, and why should I have one?
A: A Letter of Intent is a document that explains your childs daily routines, medical needs, preferences, and personal history. While not legally binding, it helps future caregivers understand how to provide the best care.
Q: How do I begin planning for my childs long-term financial and personal care?
A: Start by consulting with an estate planning attorney experienced in special needs planning. They will help you create a plan that provides financial security, protects benefits, and ensures your child is cared for by people you trust.
Let’s Build a Resilient Future Together
We invite you to connect with us to explore how we can help protect and nurture your family’s future. At The Law Office of Erin Baker Edgar, PLLC, we are more than legal advisors—we are your partners in building a secure, loving, and resilient future for those who matter most.