Disability Planning
Special Needs Trusts and Care Provisions
Planning For a Disabled Family Member or Your Own Disability
Armor Trust Attorneys of Raleigh, North Carolina, can knowledgeably assist in legal and financial planning to provide for vulnerable family members. Our proficiency in this area enables peace of mind that loved ones will be cared for, especially when you can no longer be there for them.
We establish trusts and other provisions on behalf of:
- Parents of a child with autism, Downs syndrome, injuries, or other disability
- Clients planning for their own incapacity
- Clients preparing for a parent's or grandparent's special needs
- Grandparents arranging care for future generations
The Special Needs Trust
- A special needs trust (also known as d4A) can be established to provide financially for persons 65 and younger who cannot care for themselves because of a mental or physical disability. Properly arranged, it preserves assets (including gifts or inheritance) while still allowing the family member to remain eligible for Social Security and Medicaid benefits. A guardianship is commonly established in conjunction with a special needs trust to oversee financial and personal considerations on the person's behalf.
- For persons over 65 with a disability, a pooled trust (also known as d4C), in which separate accounts are maintained for each beneficiary, but funds are pooled for investment, can be created.
- Proceeds from a lawsuit (such as a personal injury lump sum or structured settlement) are protected through a settlement trust to retain government program eligibility.
- If a disabled family member of any age will not be receiving government benefits, a support trust can provide for basic needs; a trustee handles the money on his or her behalf.
Our lawyers, Walt Sheffield or Erica Wehner, will be happy to sit down with you to discuss your options in disability planning. Contact Armor Trust Attorneys at (919) 571-4398 to schedule an appointment.
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