Special Needs Planning

Public Benefit Planning

Understanding the diverse government benefit programs available to individuals with special needs is crucial for families seeking support. These programs vary across states and play a pivotal role in providing financial assistance, healthcare, and other essential services. Our firm can help explain the different benefit programs available and the eligibility rules associated with each program. In some cases, we can assist with applying for benefits as well.

Special Needs Trusts

A “special needs trust” can be a helpful tool in preserving an inheritance or settlement proceeds while maintaining a beneficiary’s eligibility for public benefits. There are two types of special needs trusts. A third-party supplemental needs trust is funded with assets belonging to someone other than the beneficiary. For example, a parent might establish this type of trust for an adult child as part of their estate plan. A first-party special needs trust is created and funded by an individual with a disability for their own benefit. Our team will design a plan to meet each family’s specific circumstances and unique needs and goals.

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Estate Planning for Parents of Children with Disabilities

Parents of minor or adult children who have a disability often think they cannot leave an inheritance to a beneficiary who relies on public benefits. This is not true. Our special needs planning attorneys advise on special needs trusts and other legal and financial planning tools which provide a more comprehensive and compassionate approach to ensuring the well-being of individuals with disabilities. With a deep understanding of the eligibility criteria for government assistance programs, we can create an estate plan that avoids disruption of these benefits and is sensitive to the needs of each individual beneficiary and their family.

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ABLE Accounts

ABLE stands for Achieving a Better Life Experience. ABLE accounts are tax-advantaged savings accounts owned by an individual with disabilities which can be used for disability expenses including housing, transportation, basic living expenses, and healthcare costs not covered by public benefits. There is an annual limit for how much may be deposited into an ABLE account. The balance in the ABLE account is not counted as a resource when determining eligibility for means-tested benefits such as SSI and MaineCare. Over time, the account balance can build to $100,000 without affecting SSI, and the limit is much higher for MaineCare. The individual can own and control the account, unlike a special needs trust. We often work with families to maximize the benefit of both a special needs trust and an ABLE account, which can be used in combination.

For more information about the Maine ABLE program, please visit ABLE Maine | Office of the Maine State Treasurer and Maine ABLE Benefit Checking® | Bangor Savings Bank.

Guardianships, Conservatorships and Other Protective Proceedings

The firm represents parties in guardianship and conservatorship proceedings in Maine Probate Courts. A guardian is responsible for the physical well-being and the residential, medical, and social needs of an individual in need of protection. A conservator manages the income, assets, and financial and business affairs of an individual who is unable to do so. We also assist with more proactive planning to reduce the likelihood that a court-ordered guardianship or conservatorship will be needed.

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