Special Needs Planning

Every family is different. For those who have loved ones with developmental delays, disabilities, or other special needs, creating an estate plan which secures a fulfilling future for the whole family can be particularly emotional and overwhelming. At Shiells & Hammer, we strive to provide compassionate, understanding support to help families make informed decisions about what is right for their unique family situation. For some families, the preservation of governmental benefits like Medi-Cal/Medicaid and Supplemental Security Income are critical. For others, limited conservatorships are key to ensure the special needs individual has the support and assistance they need to make important life and medical decisions. Still others find meaningful value in creating an active special needs trust so the individual can live as independently as possible.

Sadly, not every special needs family has the opportunity to benefit from proactive planning. Unfortunately, the failure to proactively plan can have significant adverse consequences for an individual with special needs, including termination of Medi-Cal/Medicaid and Supplemental Security Income. At Shiells & Hammer, we have helped families avoid these consequences through the implementation of self-settled, d(4)(A) Special Needs Trusts and decanting — processes which allow a special needs trust to be created after death but before the special needs individual receives their inheritance.

Helping special needs families prepare for an unknown future is one of the most rewarded parts of our practice.