Special Needs Planning

Durham Special Needs Planning Attorneys

Supporting Families in Caring for Loved Ones with Disabilities

Walker Lambe’s Special Needs attorneys have daily experience with the issues that matter to individuals with disabilities, our attorneys can advise you about:

  • Qualifying and applying for public benefits, such as the Medicaid, North Carolina Special Assistance and Supplemental Security Income (SSI) Programs;
  • Availability for Alternative Programs, such as the PACE program and ABLE Accounts;
  • Guardianships and alternatives to Guardianship, such as Powers of Attorney;
  • Special Needs Trusts/Supplemental Needs Trust

Walker Lambe’s Special Needs attorneys can also offer legal guidance to Trustees that serve for Special/Supplemental Needs Trusts as well as financial planners, personal injury attorneys and family law practitioners who serve individuals with disabilities and their families; our attorneys can offer counsel about:

  • Whether or not a Special Needs Trust should be created to hold settlement funds;
  • Assist with structured settlements for disabled individuals;
  • Assist family law attorneys craft child support agreements for children with special needs as to preserve their public benefits;
  • Assist Trustees navigate the world of Special Needs Trusts so that government aid is not compromised;

If you need assistance with planning for disability or special needs, contact Walker Lambe, PLLC today at (919) 493-8411.

Understanding Special Needs Trusts: What You Need to Know

A Special Needs Trust enables a disabled beneficiary to receive assets from the Trust to supplement their needs while not compromising essential needs-based government benefits. There is a variety of Special Needs Trusts. For example, some are specifically designed to receive assets that belong to the disabled beneficiary (First Party Special Needs Trust) and others are established to receive inherited assets (Third Party Special Needs Trust).

The attorneys at Walker Lambe can assist you in evaluating the options and establishing a Special Needs Trust that works for your specific situation. Call us today to find out more.

Get in Touch with Us Today to Begin Your Planning

You should not have to worry about what would happen to a loved one with special needs if you were no longer able to take care of them. There are several legal resources available to help you plan for many contingencies. Contact Walker Lambe, PLLC today to learn more.

Call (919) 493-8411 to schedule a meeting with our Durham special needs planning attorneys.

Commonly Asked Questions

What should I consider when creating a Special Needs Trust?

When creating a Special Needs Trust, it’s essential to consider the specific needs of the beneficiary, the types of assets to be included, and the trust's structure. You should determine whether a First Party or Third Party Special Needs Trust is more appropriate based on the source of the funds. Additionally, appointing a reliable trustee who understands the complexities of managing a Special Needs Trust is crucial.

What are the alternatives to guardianship for individuals with disabilities

Alternatives to guardianship can provide individuals with disabilities the support they need while preserving their autonomy. Options include Powers of Attorney, which allow trusted individuals to make decisions on behalf of the person with disabilities, and Supported Decision-Making, where individuals receive assistance in making their own choices. These alternatives can be less restrictive and more empowering, allowing individuals to maintain control over their lives.

How can I ensure my child support agreements consider my child's special needs?

When crafting child support agreements for children with special needs, it’s vital to account for the ongoing and potentially increased costs associated with their care. This includes medical expenses, therapy, and educational needs. Collaborating with family law attorneys who understand the nuances of special needs planning can help ensure that the agreements are structured to preserve public benefits while providing adequate support.

Why Choose Walker Lambe, PLLC?

  • Trusted Advisers for Life

    We're here with you through the long haul. When life changes arise, we'll be here to help you navigate those changes wisely and effectively.

  • Big Firm Resources, Small Team Feel
    At Walker Lambe, we are not only passionate about law, we believe in building close, long lasting relationships with our clients.
  • Individualized Approach
    We don't believe in a one-size-fits-all approach to your estate planning or business needs. We focus on understanding your situation in order to develop unique solutions to meet your goals.
  • Over 40 Years of Experience
    Having served families and businesses in Durham for over 40 years, there isn't much we haven't seen.

Contact Walker Lambe, PLLC Today!

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