Westchester Special Needs Planning Attorney
If you have a loved one living with a disability, careful legal and financial planning is essential to ensure their care, protect their access to public benefits, and provide long-term stability. Special needs planning allows families to support their children, siblings, or other dependents with disabilities—without jeopardizing vital programs like Medicaid or Supplemental Security Income (SSI). At Cavallo & Cavallo, we help Westchester families craft thoughtful special needs plans that offer protection, dignity, and peace of mind.
What Is Special Needs Planning?
Special needs planning refers to the use of legal tools to provide for an individual with a disability without disqualifying them from public assistance programs. These programs have strict income and asset limits, so even modest inheritances or gifts could result in the loss of critical benefits.
A proper special needs plan typically includes:
- One or more Special Needs Trusts (SNTs)
- Guardianship or decision-making structures
- Integration with your broader estate plan
- A Letter of Intent to guide future caregivers
We work closely with families to create custom plans that reflect both legal needs and personal values.
Why Special Needs Planning Is So Important
Public benefits such as Medicaid and SSI provide essential medical care, housing assistance, and basic income. Without careful planning, financial gifts or inheritances could cause someone with special needs to lose these supports.
Special needs planning helps families in Westchester:
- Ensure lifetime access to government benefits
- Provide additional resources for comfort and enrichment
- Reduce future legal or financial burdens on siblings and caregivers
- Maintain continuity of care, even after parents pass away
- Create a lasting framework for independence and security
This planning isn’t just about money—it’s about building a secure and stable future.
Special Needs Trusts (SNTs)
The core of most special needs plans is the Special Needs Trust. This type of trust holds assets for the benefit of a disabled individual without counting them as personal resources.
First-Party Special Needs Trust
- Funded with the beneficiary’s own assets (e.g., personal injury settlements or inheritances)
- Must be established before the beneficiary turns 65
- Subject to Medicaid repayment upon death
Third-Party Special Needs Trust
- Funded with assets from parents, grandparents, or others
- Often part of a larger estate plan
- No Medicaid payback requirement after the beneficiary’s death
- Can continue to support other family members or charities
These trusts can pay for things Medicaid and SSI do not cover, such as:
- Therapies or equipment
- Personal care aides
- Vacations or recreational activities
- Education or training
- Special dietary needs
- Enrichment programs or hobbies
We tailor each trust to fit the lifestyle and goals of your loved one.
Pooled Trusts
For individuals with smaller settlements or without family to serve as trustee, pooled trusts offer a flexible alternative. Managed by nonprofit organizations, pooled trusts combine funds from multiple beneficiaries into a single investment pool while maintaining separate accounts.
Pooled trusts are particularly helpful for:
- Medicaid recipients over the age of 65
- Modest settlements or inheritances
- Individuals without a suitable private trustee
We can help you determine whether a pooled trust fits your loved one’s needs.
Naming Guardians and Decision-Makers
In addition to financial planning, special needs planning includes deciding who will make legal, financial, or health-related decisions if your loved one cannot.
Common options include:
- Article 17-A Guardianship (for individuals with developmental disabilities)
- Article 81 Guardianship (for adults requiring more limited oversight)
- Health Care Proxy and Power of Attorney (for individuals capable of designating their own agents)
We guide Westchester families in selecting the right decision-making structure and putting the necessary documentation in place.
The Role of a Letter of Intent
A Letter of Intent is a personal, non-legal document that provides caregivers and future trustees with essential guidance about your loved one’s care.
This may include:
- Medical and therapy history
- Daily routines and habits
- Educational background and goals
- Communication preferences
- Behavioral notes or calming techniques
- Housing, employment, or relationship preferences
While not legally binding, this letter becomes a valuable resource for those who step into your shoes after you’re gone.
Government Benefits and Asset Limits
To maintain eligibility for needs-based benefits like Medicaid and SSI, an individual must have limited income and resources. A Special Needs Trust allows assets to be set aside without counting against those limits.
We help families in Westchester coordinate:
- Medicaid eligibility for healthcare and long-term care
- SSI income benefits
- SNAP (food stamps)
- Section 8 housing and other local programs
Our plans ensure that your support enhances your loved one’s quality of life without disrupting the benefits they rely on.
Frequently Asked Questions About Special Needs Planning
Can I leave money directly to my disabled child?
Not without consequences. Even a small inheritance can cause loss of Medicaid or SSI. A properly drafted Special Needs Trust avoids this problem.
Who should be trustee of the trust?
You may choose a family member, friend, or professional trustee. The trustee must be responsible, impartial, and familiar with disability law.
Can the trust pay for anything the beneficiary needs?
The trust can pay for most supplemental needs, but not basic support like food or housing if the beneficiary receives SSI—unless done carefully.
Is there a limit to how much I can place in a Special Needs Trust?
No. You can contribute as much as you wish to a third-party SNT. Large gifts or inheritances may require long-term planning for investment and oversight.
What happens to trust assets when the beneficiary dies?
In a third-party trust, remaining funds can go to siblings or charities. In a first-party trust, Medicaid may claim repayment from the remaining assets.
Serving Throughout Westchester, NY
- Scarsdale
- Bronxville
- Larchmont
- Rye
- Chappaqua
- Pelham
- Armonk
- Mamaroneck
- Dobbs Ferry
- Tarrytown
How Cavallo & Cavallo Can Help
At Cavallo & Cavallo, we’ve been helping families in Westchester protect their loved ones with disabilities for decades. We understand how to blend compassionate planning with practical, effective legal solutions.
Our services include:
- Creating and funding Special Needs Trusts
- Advising on guardianship and decision-making structures
- Drafting Letters of Intent
- Coordinating estate plans and retirement assets
- Helping caregivers navigate benefit systems and legal duties
We approach every plan with care and attention, ensuring your family is protected—today and for the future.
Speak With a Westchester Special Needs Planning Attorney Today
Your loved one deserves lasting protection and support. Contact Cavallo & Cavallo today to speak with a knowledgeable Westchester special needs planning attorney and create a plan that safeguards benefits, respects your values, and brings peace of mind to your entire family.
