Special Needs Attorney in Smithtown & Syosset, NY
Protect Your Child's Future and Government Benefits
The Challenge Every Parent of a Special Needs Child Faces
You want to provide for your child after you’re gone. But if you leave them money directly, they lose critical government benefits.
Here’s the dilemma:
- Your child receives SSI and Medicaid
- You leave them $50,000 in your will
- They inherit the money
- SSI stops immediately (asset limit is $2,000)
- Medicaid coverage ends
- They spend the inheritance on basic care
- Within 2-3 years, the money is gone
- They reapply for benefits and start over
Your inheritance funded survival, not quality of life. This is heartbreaking—and preventable.
What Special Needs Planning Solves
Special needs planning protects your child’s government benefits while providing for their future. A special needs attorney helps you:
- Structure inheritances so they don’t disqualify your child from benefits
- Create legal arrangements that enhance quality of life
- Establish guardianship to continue making decisions after age 18
- Coordinate with siblings and other family members
- Plan for your child’s lifetime needs
This planning ensures your child receives both government benefits for basic needs AND your inheritance for quality of life.
📞 Have a child with special needs? We can help you plan.
Call our Smithtown office at (631) 406-5580 or Syosset office at (516) 321-4010
WHAT SPECIAL NEEDS LAWYERS DO
Special needs attorneys help families navigate the complex rules governing government benefits while planning for a loved one with disabilities.
CORE SERVICES
Special Needs Trusts:
Create legal structures that hold assets for your child without affecting SSI, Medicaid, or other benefits. The trust pays for therapy, equipment, education, recreation, and other needs that enhance quality of life.
Guardianship:
Establish legal authority to continue making decisions for your child after they turn 18. In New York, Article 17A guardianship allows parents to maintain decision-making responsibility for adult children with intellectual or developmental disabilities.
Benefit Coordination:
Navigate SSI, Medicaid, SSDI, and other programs. Ensure inheritances, settlements, and gifts don’t jeopardize eligibility. Understand what trust distributions are allowed and which ones would reduce benefits.
Estate Planning Integration:
Coordinate your overall estate plan with special needs planning. Address how to distribute assets fairly when one child has greater needs. Plan for guardianship and trustee succession.
Family Guidance:
Help family members understand how to support your child. Draft letters of intent describing your child’s care needs, preferences, and routines. Guide siblings who will serve as trustees or guardians.
Special Needs Legal Services We Offer
Special Needs Trusts
Supplemental Needs Trusts, also known as Special Needs Trusts, create legal structures that hold assets for your child without affecting SSI, Medicaid, or other benefits. The trust pays for therapy, equipment, education, recreation, and other needs that enhance quality of life.
Article 17A Guardianship
Establish legal authority to continue making decisions for your child after they turn 18. In New York, Article 17A guardianship allows parents to maintain decision-making responsibility for adult children with intellectual or developmental disabilities.
Benefit Coordination
Navigate SSI, Medicaid, SSDI, and other programs. Ensure inheritances, settlements, and gifts don’t jeopardize eligibility. Understand what trust distributions are allowed and which ones would reduce benefits.
WHO NEEDS SPECIAL NEEDS PLANNING?
Parents of children with:
Intellectual disabilities
Developmental disabilities (autism, Down syndrome, cerebral palsy)
Physical disabilities requiring ongoing care
Mental health conditions affecting independent living
Chronic illnesses requiring lifelong medical care
Common situations:
Child receives or will receive SSI and Medicaid
Child cannot manage finances independently
Child will need care beyond age 18
Family wants to leave inheritance without jeopardizing benefits
Child received personal injury settlement or inheritance
Our Special Needs Trust Planning Services
Our trust attorneys help Long Island families protect children with disabilities through comprehensive trust planning. Our services include:
Special Needs Trusts
- Third-Party Special Needs Trusts – A living trust funded with your money, no Medicaid payback (Detailed page coming)
- First-Party Special Needs Trusts – A living trust for settlements and inheritances already received (Detailed page coming)
- Testamentary Special Needs Trusts – A trust created in your will, simpler structure (Detailed page coming)
- Pooled Trusts – Alternative for smaller amounts and to protect income