Special Needs Planning Lawyer in Bloomsburg, PA
Planning for a loved one with a disability can feel overwhelming. Fortunately, the right legal plan protects their quality of life, preserves benefits, and gives your family confidence in a clear strategy. Every family’s situation is different, and the details matter more here than in almost any other area of law. Contact Kreisher Marshall & Associates, LLC to speak with a special needs planning attorney who will help you build a plan around your loved one’s unique needs.
Why Choose Kreisher Marshall & Associates, LLC?
With an over 55-year legacy of dedicated legal service, with two Board-Certified elder law attorneys, we bring both deep knowledge and genuine compassion to every special needs planning case we take on. We understand how much is riding on getting this right for your family, and we work diligently to meet your family’s needs.
Special Needs Trusts (SNTs)
A special needs trust allows you to set aside resources for a person with a disability without jeopardizing their eligibility for public benefits. A first-party SNT is funded with the beneficiary’s own assets and requires Medicaid reimbursement after the beneficiary’s death. A third-party SNT is funded by family members with no payback requirement, making it an ideal tool for parents and grandparents who want to leave assets behind.
Guardianship and Alternatives
When a loved one with a disability reaches adulthood, families often need a legal framework for making decisions on their behalf. Pennsylvania offers several options depending on their level of capacity and the degree of support they need:
- Full guardianship over personal and financial decisions
- Limited guardianship tailored to specific areas of need
- Power of attorney as a less restrictive alternative
- Supported decision-making agreements
- Representative payee arrangements for benefit management
Government Benefits Planning
Programs like Supplemental Security Income (SSI) and Medicaid impose strict income and asset limits that even a well-intentioned gift or inheritance can disrupt. Under 42 U.S.C. § 1396p(d)(4)(A), a properly structured special needs trust allows a disabled individual to retain eligibility for these programs while holding assets.
Estate Planning and Future Care
A comprehensive estate plan for a family affected by disability must account for what happens after the primary caregivers are no longer around. Without proper planning, an inheritance left directly to a disabled beneficiary can immediately disqualify them from the benefits they depend on:
- Wills that direct assets into a special needs trust rather than outright
- Naming appropriate successor trustees and guardians
- Letter of intent documenting care preferences and daily routines
- Life insurance policies structured to fund the trust
- Coordination with siblings and other family members on long-term roles
ABLE Accounts
Pennsylvania’s ABLE program allows individuals who became disabled before age 46 to save up to $100,000 in a tax-advantaged account without affecting their SSI eligibility. Funds in an ABLE account can be used for qualified disability expenses, including housing, education, transportation, and healthcare.
Contact a Special Needs Planning Lawyer in Bloomsburg, PA
Is your family’s plan truly set up to protect your loved one for the long haul? Without the right legal structures in place, a single misstep can put years of careful saving and benefit eligibility at risk.
Call Kreisher Marshall & Associates, LLC at 814-458-6294 or contact us online to schedule a consultation with an experienced special needs planning lawyer in Bloomsburg, PA who will craft a strategy that safeguards your loved one’s future and your family’s peace of mind.
