New! Read our guide to Special Needs Planning in Pennsylvania.

More than 61 million American adults have a physical, sensory or intellectual disability – 26 percent of the total adult population.

Three million children aged 18 and under have special needs – 4.3 percent of all kids and teens in the United States.

Special needs individuals who receive government assistance, like Medicaid, can have no more than $2,000 of assets in their name. Careful planning is required to maintain eligibility for assistance programs and ensure other financial needs are met.

One tool for special needs planning, an ABLE (Achieving Better Life Experience) account, allows a maximum of $100,000 before eligibility for government benefits is lost.

In 2019, 25.9 percent of special needs individuals lived below the poverty line, compared to 11.4 percent of the general population.

Our Harrisburg special needs planning lawyers provide answers to the following questions, and give you the peace of mind of knowing the best possible planning is in place for you and/or your disabled family member:

• Should I write my disabled child out of my Will so I do not interfere with his or her public benefits?
• What is the difference between SSI and SSDI, and what are the eligibility criteria?
• What public benefits are available for disabled children and adults?
• How will an inheritance, a gift, or a lawsuit settlement affect eligibility for public benefits?
• What kinds of special needs trusts are available?
• What are the responsibilities of the trustee of a special needs trust?
• What is a pooled trust?

A beneficiary with special needs presents unique challenges in estate planning. Unfortunately many people think they need to disinherit their disabled beneficiaries. This is not the case. Planning options are available to protect your disabled beneficiaries, and provide for their supplemental needs without interfering with their eligibility for public benefits programs. We can help you with this planning.

Special needs planning is also available under federal and state law for disabled individuals who receive lawsuit settlements, gifts, inheritances or other resources to allow them to continue their eligibility for public benefits and have the funds set aside for their supplemental needs. We are experienced in evaluating the legal options in these situations, assisting in structuring settlements, and in drafting special needs trusts for individuals when appropriate.

Special needs planning attorney Marielle F. Hazen is a member of the Board of Directors of the Special Needs Alliance, a national nonprofit organization of attorneys dedicated to Disability and Public Benefits Law. The website for the Special Needs Alliance is a valuable resource for individuals with disabilities and their families. www.specialneedsalliance.com