Disability, Special Needs Planning & Trusts

Our Disability and Special Needs Planning attorneys work with individuals and families in the areas of Disability and Special Needs law where an adult or a minor child is disabled or considered special needs in Greenville and throughout the Upstate of South Carolina. We will work to develop comprehensive solutions to address the current and long-term needs for your loved one to ensure their quality of life and care requirements will be met when you are no longer present. We are passionate about the importance of Disability and Special Needs Planning, we strive to build trust as a valued partner, while protecting your interests and be “A True Advocate” for your rights and the rights of your loved ones.

” We earn client trust and confidence because we understand that total commitment to quality legal service is the core value in all legal representation.”

Importance of Disability & Special Needs Planning

According to a study done by the National Organization on Disability, 88% of parents who have children with special needs have not set up a trust to preserve eligibility for government benefits such as Medicaid and Supplemental Social Income.  69% of families say they are “very concerned” about being able to provide lifetime care for their dependents with Special Needs. According to the US Census out of 72.3 million families, 2 out of every 7 families reported a member with a disability. 72% have not named a trustee and 53% have not identified a guardian for their disabled or special needs family member.

If you have an adult or minor child dependent who is disabled or special needs, it is critical that you work with a qualified Special Needs Planning attorney to develop and implement a special needs plan. Eligibility for government benefits, such as Medicare, Medicaid and Supplemental Social Income (SSI) may be at risk through the improper transfer of assets, inheritance or gifting without a proper special needs plan.  We encourage you to contact our experienced Disability and Special Needs Planning Attorneys at the Dobson Law Group to discuss your unique situation, Special Needs Planning and Special Needs Trusts.

About Special Needs Trusts

Special Needs Trust, or Supplemental Needs Trust, is either a Living Revocable or Irrevocable Trust. The primary purpose for the Special Needs Trust is to provide funds to a disabled or special needs beneficiary, while maintaining eligibility to receive Federal and State assistance through programs such as Medicare, Medicaid and SSI Disability.   With a Special Needs Trust, assets are not transferred to the special needs or disabled beneficiary until the death of the Grantor. Transfers are permitted during the lifetime of the grantor to the beneficiary.

Requirements for a Trust to qualify as a Special Needs Trust:

  • The beneficiary must not have any right to the income or principal from the Trust without the approval of the Trustee;
  • Trust is restricted from the distribution of funds if disbursal disqualifies beneficiary from government assistance eligibility;

The intent of a Special Needs Trust is to improve or maintain the disabled or special needs beneficiary’s quality of life and provide excluded “luxury” items (items not permitted or covered through the government assistance programs). Special Needs Trusts provide supplemental funding for various activities such as education, counseling, medical procedures, recreational activities, and travel.

Our disability and special needs legal services include:

  • Asset Protection Planning; inherited assets, estates, other trusts, life insurance policies and/or retirement accounts;
  • Asset Protection planning of assets acquired; through accident or injury, assets obtained via settlement, structured settlement or judgment;
  • Estate planning; trust planning, strategic planning for eligibility of benefits through government programs, Medicaid, SSI;
  • Probate and Probate litigation; guardianships, conservatorships, estate planning petitions and other proceedings.
  • Special Needs Trusts; planning, preparation, and execution
  • Tax planning
  • Trustee advisement; roles, responsibilities, duties, authorities and legal obligations.

Consult a South Carolina Disability & Special Needs Trusts Attorney in Greenville SC

We are experienced Elder Law attorneys who understand the complexities, importance and financial challenges associated with the issues of aging, incapacity, disability, special-needs, long-term care, and death.  Our experienced Disability and Special Needs Trusts attorneys at the Dobson Law Group will work with you to develop a custom-tailored strategy addressing the needs of your unique situation and we encourage you to contact us to discuss your options and requirements at (864)271-8171 or online to schedule an initial consultation.

The Dobson Law Group provides Disability & Special Needs Planning & Special Needs Trust Attorney legal services including Power of Attorney to clients in Greenville County and throughout South Carolina including Abbeville, Anderson, Cherokee, Greenwood, Laurens, Lexington, Newberry, Oconee, Pickens, Richland, Spartanburg, and Union County. We are licensed in South Carolina, North Carolina, Florida, and Georgia.