Special Needs Planning

Bourget Law Group strives to make a difference in the lives of people with all types of disabilities, including behavioral, physical, intellectual, developmental or those brought on by abuse of certain substances. Special Needs Planning encompasses the holistic needs of an individual with a disability and often includes not only the affected individual but also his or her family, friends, life support circle and caregivers. 

Supplemental Needs Trusts (sometimes referred to as “Special Needs” Trusts) are drafted so that the funds will not be considered to belong to the beneficiary in determining his or her eligibility for public benefits, such as Medicaid, Supplemental Security Income (SSI) or public housing. These Trusts usually do not provide basic support, but instead are used to pay for items that may not be paid for by public assistance funds, such as education, recreation, counseling and medical attention beyond what is required simply to maintain an individual’s health.

Special Needs Planning includes decision-making for the individual with a disability either through a Durable Power of Attorney and Health Care Proxy or through a conservatorship or guardianship. It also includes Estate and Benefits planning for the individual, often through a Supplemental Needs Trust, which serves to enhance the life of the individual with a disability and protect funds for his or her benefit. This can be done either as a “First-Party” Trust, where the funds belong to the individual with a disability or as a “Third-Party” Trust, where the funds are coming from a parent or other loved one who desires to provide for the individual with a disability. In addition, we can assist with the application for Medicaid or other public benefits and can advocate for the individual with a disability before providers or government agencies.