Special Needs Trust Attorney in Oakland, California

Is your loved one disabled and needs assistance with financial security? At the Law Offices Of Gary R. Kershner, I’m dedicated to helping families plan for the future and provide financial security for loved ones with disabilities.

A special needs trust is a powerful tool that allows you to protect your family member’s eligibility for government benefits while making sure they receive the financial support they need. As a special needs trust attorney in Oakland, California, I’m here to offer compassionate and personalized guidance to help you establish a trust that fits your unique circumstances.

I understand the importance of creating a trust that aligns with your family’s goals and values. My priority is to make the process approachable and to craft a plan that reflects your vision for your loved one’s well-being.

Planning for a loved one with disabilities can feel like an intimidating task, but it’s also an opportunity to demonstrate your care and commitment to their future. A well-structured special needs trust provides a way to balance financial support with the preservation of crucial government benefits. 

What Is a Special Needs Trust?

A special needs trust is a legal arrangement designed to hold assets for the benefit of an individual with disabilities.

These trusts are specifically crafted to supplement government benefits such as Supplemental Security Income (SSI) and Medicaid, without jeopardizing the beneficiary’s eligibility for these essential programs. By placing assets in a special needs trust, you can provide additional financial support for your loved one while maintaining their access to public assistance.

Types of Special Needs Trusts

There are several types of special needs trusts, each tailored to different situations:

• First-party special needs trusts: Funded with the disabled individual’s own assets, such as an inheritance, personal injury settlement, or savings. These trusts must meet specific requirements, including a payback provision to reimburse Medicaid upon the beneficiary’s passing.

• Third-party special needs trusts: Created and funded by someone other than the beneficiary, such as a parent, grandparent, or other family member. These trusts don’t require a Medicaid payback provision, making them a popular choice for long-term planning.

• Pooled special needs trusts: Managed by a nonprofit organization, these trusts combine funds from multiple beneficiaries for investment purposes. This option can be cost-effective and is often used when smaller amounts of money are involved.

As your special needs trust attorney in Oakland, California, I’ll work closely with you to determine the optimal type of trust for your situation and help you establish it according to California law.

Benefits of Creating a Special Needs Trust

A special needs trust offers numerous advantages for families and individuals:

• Protecting eligibility for benefits: A special needs trust allows your loved one to retain access to SSI, Medicaid, and other public assistance programs by keeping assets separate from their personal resources.

• Providing financial security: The trust can cover expenses not covered by government benefits, such as education, therapy, travel, and recreation, enhancing the quality of life for your loved one.

• Managing long-term planning: A special needs trust assures that funds are managed responsibly and used for the beneficiary’s benefit throughout their lifetime.

• Offering peace of mind: Knowing that your family member’s financial needs will be addressed even after you’re no longer able to provide support brings reassurance to many families.

Working with an experienced special needs trust attorney is crucial to establishing a specific and effective trust that offers all of these benefits.

Key Elements of a Special Needs Trust

When establishing a special needs trust, there are several critical components to consider:

• Trustee selection: The trustee is responsible for managing the trust’s assets and confirming they are used appropriately for the beneficiary’s benefit. This role requires someone trustworthy, organized, and knowledgeable about financial matters.

• Funding the trust: Assets can include cash, property, investments, or life insurance policies. I’ll work with you to identify a favorable way to fund the trust.

• Clear instructions: The trust document should outline specific guidelines for how the funds may be used, confirming the beneficiary’s needs are met while complying with legal requirements.

At the Law Offices Of Gary R. Kershner, I help families address these critical elements, creating a plan tailored to their needs. As a trusted special needs trust attorney in Oakland, California, my goal is to provide clarity and support throughout the process.

Why Work With the Law Offices Of Gary R. Kershner?

Choosing the Law Offices Of Gary R. Kershner to help you establish a special needs trust means working with a firm that values your family’s well-being. I bring years of experience in trusts and estate planning to every client relationship. My approach is rooted in listening carefully to your concerns and crafting solutions that align with your goals.

Here are a few reasons families turn to me:

• Personalized attention: I understand that every family’s situation is unique, and I take the time to learn about your needs before recommending a plan.

• Commitment to accessibility: I strive to make the legal process straightforward and approachable, so you feel confident and informed every step of the way.

• Comprehensive planning: From drafting the trust document to advising on trustee responsibilities, I offer a full range of services to meet your needs.

Frequently Asked Questions About Special Needs Trusts

Can I set up a special needs trust for any disabled individual?

Yes, you can establish a trust for any individual with a disability who meets the eligibility criteria. Whether it’s your child, sibling, or another loved one, a trust can provide valuable support.

What expenses can a special needs trust cover?

The trust can pay for a wide range of items and services, including medical care not covered by insurance, personal care attendants, education, vocational training, and entertainment. However, it can’t provide direct cash payments to the beneficiary.

Who should I choose as the trustee?

Selecting a trustee is one of the most important decisions you’ll make. While family members can serve as trustees, many families opt for a professional trustee or a combination of both to balance personal involvement with professional experience.

Can a special needs trust be changed after it’s created?

In many cases, the terms of the trust can be modified, especially if it’s a revocable trust. However, irrevocable trusts may have limited flexibility. I’ll guide you through the options available based on your specific trust.

Planning for the Future

Establishing a special needs trust is more than just a financial decision—it’s an act of care and foresight for your loved one’s well-being. By taking this step, you’re laying the groundwork for a secure and fulfilling future for the person you care about most.

As a special needs trust attorney in Oakland, California, I take pride in helping families protect what matters most. Whether you’re just beginning to explore your options or you’re ready to set up a trust, I’m here to guide you every step of the way.