Special Needs Planning & Trust Services
Your Child Deserves a Plan That Works as Hard as You Do
You already know how to advocate for your child. You’ve learned the systems, pushed for the right services, and built a daily life that works. But the legal and financial side of planning? That’s a different kind of complicated. The rules are strict, the landscape changes constantly, and the stakes are high.
Nicole helps families like yours put the right structures in place so your child can access the care, the living arrangements, and the quality of life they deserve, today and for the long term. As a trusts and estates attorney with over 25 years of experience and a member of the Academy of Special Needs Planners, she brings both the legal knowledge and the genuine understanding your family needs.
What Good Planning Actually Does
Special needs planning isn’t about preparing for the worst. It’s about building the best possible life for your child right now, and making sure that life is protected no matter what changes. When the right legal and financial structures are in place, your child gets more, not less. More access. More independence. More quality of life. And you get the peace of mind that comes from knowing it’s all documented, funded, and coordinated.
With the Right Plan in Place, Nicole Helps You:
Ensure your child’s financial needs are met by creating the right trusts and accounts to minimize tax burdens and protect government program benefits.
Lay out the living arrangements, occupational activities, and medical care directives that help your child live their most fulfilling life.
Make sure the right people are entrusted with guardianship, power of attorney, healthcare proxy, and other decision-making powers.
Receive ongoing personalized attention so your plan keeps up with any changes in regulations or your circumstances.
The path to a more secure future starts with proactive life planning, instead of leaving things up to the state later on.
Why the Rules Matter So Much
The government programs your child depends on have strict eligibility requirements. Understanding them isn’t optional. It’s the foundation of everything else in the plan.
The SSI asset limit for an individual ($3,000 for a couple). One well-meaning gift can push your child over it.
Children in the U.S. are now diagnosed with autism spectrum disorder (CDC)
That $2,000 limit hasn’t been adjusted for inflation. Not once.
What Can Go Wrong Without a Plan
A well-intentioned inheritance or gift may disqualify your child from SSI, MassHealth, subsidized housing, and other essential benefits, sometimes within a single month.
Leaving assets directly to your child, or asking a family member to “take care of things,” creates vulnerability to creditors and taxation. It also puts the government benefits your child relies on at immediate risk.
None of this has to happen. With the right structures, your child keeps their benefits, your family stays protected, and the people you trust have the legal authority and resources they need.
This Is Where Most Families Start
Consider this scenario: “We have a 12-year-old with autism and a 9-year-old without disabilities. We both work. We have a home, retirement accounts, some life insurance through work, and my parents keep asking what they can do to help financially. We know we need a plan but have no idea where to start. We’re not even sure what questions to ask.”
Without a Plan:
- Grandparents leave money directly to both kids, disqualifying one from benefits
- No guardian is formally designated for either child
- Retirement accounts and life insurance name your children directly, creating benefit risk
- Your younger child is expected to “figure it out” with no legal authority or structure
With a Comprehensive Plan:
- A Special Needs Trust protects your child’s benefits while providing for their quality of life
- Grandparents get proper beneficiary designation language for their own estate plans
- Guardianship, powers of attorney, and healthcare proxies are all in place
- Both children’s futures are structured clearly, with no guessing
This Might Sound Familiar
These are the situations families bring to us every week. If you see yourself here, you’re not behind. You’re right on time.
"We've talked about it, but nothing
is in writing."
You know you need a plan. You’ve had the conversations. But life keeps moving, and nothing is documented. Without written legal structures, a court will make decisions about your child’s care, and those decisions may not reflect what you would have wanted.
"My parents want to leave money to my child. I don't know how to tell them not to."
It comes from love. But a grandparent leaving money directly to your child, or naming them as beneficiary on a life insurance policy, can cause your child to lose SSI and MassHealth eligibility. There’s a right way to include your child in their plans. We help your family find it.
"We assume our other child will step in, but we haven't set anything up."
Your other children love their sibling. But love isn’t a legal plan. Without formal guardianship documents, financial structures, and clear expectations, you’re asking them to figure it out during the hardest time of their lives, with no authority and no roadmap.
"I don't know how to pay for housing without losing their benefits."
Your child needs supported living arrangements, and you’ve heard the rules are complicated. They are. But there are ways to fund housing, from ABLE accounts to carefully structured trusts, without jeopardizing the benefits that pay for essential services and medical care.
Here's How We Help Families Like Yours
We take a multidimensional approach because no single document covers everything. We put together the legal, financial, and practical pieces so they all work together, and coordinate with your other professionals to make sure nothing falls through the cracks.
Special Needs Trusts
The trust holds assets for your child’s benefit without counting against them for SSI or MassHealth. It pays for the things benefits don’t cover: education, recreation, therapy, technology, transportation, personal care, and quality of life.
ABLE Accounts
A tax-advantaged savings account your child can use for housing, daily expenses, and other qualified costs without losing benefits. Many families use an ABLE account alongside a Special Needs Trust for the most flexibility.
Guardianship Planning
Designating who will make legal, medical, and financial decisions for your child, along with multiple alternates. In Massachusetts, this requires court appointment. We prepare the documentation, coordinate evaluations, and walk you through the process.
Benefit Preservation
Making sure your child stays eligible for SSI, MassHealth, SSDI, and other critical programs by carefully coordinating trusts, inheritances, gifts, life insurance, and family support.
Family Coordination
Helping siblings understand their role. Working with grandparents and extended family who may be including your child in their own estate plans. Making sure everyone gives the right way, so nothing is put at risk.
Understanding Special Needs Trusts
- What the Trust Can Pay For:
- Education, tutoring, and vocational training
- Medical care not covered by MassHealth
- Therapy, counseling, and alternative treatments
- Recreation, entertainment, and vacations
- Technology, computers, and adaptive equipment
- Transportation and vehicle expenses
- Personal care attendants and companions
- Hobbies, club memberships, and other quality of life expenses
- What Can Put Benefits at Risk:
- Cash payments directly to your child
- Assets held in your child's name above SSI limits (generally $2,000, though some programs have different thresholds)
- Regular monthly payments for food or shelter
- Trusts that require the trustee to provide general "support" or "maintenance" to your child
- Being named directly on life insurance or retirement accounts
- Outright inheritances, even small ones
- Gifts deposited into your child's own bank account
- Lottery or contest winnings received in your child's name
Two Types of Special Needs Trusts
Third-Party SNT: Created by you (or a grandparent) using assets that never belonged to your child. No MassHealth payback required. This is what most families need.
First-Party SNT: Created with assets that legally belong to your child, such as a lawsuit settlement or an inheritance received directly. Must generally include MassHealth payback provisions upon your child’s death.
ABLE Accounts: More Flexibility for Your Child
If your child’s disability began before age 46, they may qualify for an ABLE account. (This age limit was expanded from 26 in January 2026, so many more individuals now qualify.) Both ABLE accounts and Special Needs Trusts are tax-advantaged tools that help individuals with disabilities live a financially secure life, but they work differently. Many families use both for different purposes.
| Feature | ABLE Account | Special Needs Trust |
|---|---|---|
| Annual Contribution Limit | $20,000 (2026) | No limit |
| Who Can Contribute | Anyone | Anyone (third-party) or beneficiary (first-party) |
| SSI Impact (over $100K) | SSI suspended (not terminated) | No impact |
| Housing Expenses | Can pay without reducing SSI | May reduce SSI payment |
| MassHealth Payback | Yes (even third-party funds) | Only for first-party SNTs |
| Best For | Day-to-day expenses, housing costs | Long-term assets, major expenses |
How families use both: An ABLE account for housing and everyday expenses. A Special Needs Trust for larger assets, investments, and care planning. In practice, ABLE accounts work best for expenses under $100,000 and day-to-day costs, while Special Needs Trusts protect larger assets and provide more long-term security.
For 2026, the standard annual contribution limit is $20,000, with the possibility of additional contributions for working beneficiaries under the ABLE to Work provisions. The account balance can grow over $100,000, but SSI payments are suspended (not terminated) while it exceeds that threshold. That means when the balance drops below $100,000, SSI payments resume automatically without needing to reapply.
What Is MassHealth Payback?
You’ll see “MassHealth payback” mentioned in the table above. Here’s what it means: when your child passes away, Massachusetts can recover benefits it paid from any funds remaining in the ABLE account or first-party Special Needs Trust. This is a significant consideration when choosing between tools. Third-party Special Needs Trusts do not have this requirement, which is one of the reasons most families start there.
This Plan Is for You, Too
When thoughtful planning structures and appropriate resources are in place, the peace of mind can significantly reduce your stress levels. That directly enhances your quality of life and strengthens your capacity to provide attentive, consistent care for your child, both now and in the years ahead.
But here’s the part many families miss: your own planning decisions directly affect your child’s eligibility. Just as airline safety demonstrations instruct you to secure your own oxygen mask before helping others, you need to address your own estate planning to create the best possible care arrangements for your child. Understanding how your own retirement and benefit decisions might impact your child’s eligibility is a critical part of that picture.
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Your Own Estate Plan
Your retirement accounts, life insurance, benefit elections, and asset titling all affect your child’s eligibility. We make sure your plan protects you and doesn’t accidentally disqualify them.
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Educating Family Members
Extended family who want to help must understand the rules. We coordinate with grandparents and others who may be including your child in their estate plans, so inheritances go to properly structured trusts, not directly to your child.
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Your Professional Team
We work alongside your financial planners to make sure your insurance coverage, investment strategies, and budgeting are optimized. We also coordinate with care managers, benefit specialists, and advocates.
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Navigating Government Programs
SSI, SSDI, MassHealth, Section 8 Housing. The landscape of government programs is complex. We have the specialized knowledge to help you maximize every available resource for your child.
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A Letter of Intent
A personal document that captures your child’s routines, preferences, medical history, and your wishes for their care. It’s the roadmap for whoever steps into your shoes.
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Peace of Mind
When the legal and financial pieces are handled, you can focus on what matters most: being present with your child and building the life you want for them today.
A Word About Siblings
Young siblings of children with disabilities may experience a range of conflicting feelings as they witness their parents devoting significant time, energy, and resources to their brother or sister. Love and protectiveness may live alongside occasional resentment, guilt, or feelings of being overlooked. The experience can be both challenging and enriching, as illustrated by the remarkable story of a teenager who created a comic book series inspired by her life with her brother.
As children grow and families transition into planning for the future, clarity about roles and resources becomes essential for everyone’s well-being. Some families consider leaving their entire estate to one child, trusting them to care for their sibling with disabilities. This approach often creates unintended complications:
Without Clear Structure:
- Government benefits for your child with disabilities are immediately at risk
- The sibling receiving the inheritance may face tax burdens or creditor exposure
- Family relationships can become strained when there are no clear roles or boundaries
- The sibling stepping in has no legal authority and no financial protection
With Thoughtful Planning:
- A Special Needs Trust protects benefits and provides for quality of life
- Each child’s inheritance is structured to fit their situation
- Roles and responsibilities are clearly defined in legal documents
- Siblings can approach adulthood knowing exactly what’s expected, without guessing
By establishing these boundaries and supports early, siblings can approach their adult lives with confidence, knowing exactly what role they’ll play in their sibling’s future care, without sacrificing their own life goals and financial security.
Questions Families Ask
These come up in nearly every consultation. You’re not the only one wondering.
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Q: How much should we put in a Special Needs Trust?
A: There’s no maximum for a third-party Special Needs Trust. The right amount depends on your child’s expected lifetime needs, what government benefits will cover, and what other family resources exist.
How We Help You Figure It Out:
- Life Care Planners: We often work with life care planners who create detailed projections of your child’s lifetime needs: medical care, housing, recreation, transportation, and other quality of life expenses
- Funding Sources: Life insurance, estate allocation, retirement account beneficiary designations, and gifts from family members can all fund the trust over time
- No Rush: The trust can receive contributions at any time. You don’t need to fund it all at once
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Q: Who should be the trustee?
A: This is one of the most important decisions you’ll make. The trustee manages the money, makes distribution decisions, keeps records, and coordinates with benefit agencies. It needs to be someone who can handle the responsibility.
- A Family Member: Someone who knows your child well, with guidance and support from professionals
- A Professional Trustee: A bank trust department or private fiduciary with experience managing special needs trusts
- Co-Trustees: Combining family knowledge with professional financial management. This is a popular choice
- Important: Your child cannot serve as their own trustee. We’ll help you evaluate what fits your family
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Q: What's the difference between SSI and SSDI?
A: They sound similar but work very differently, and the distinction matters for your planning.
- SSI (Supplemental Security Income): Needs-based. Your child generally cannot have more than $2,000 in countable assets ($3,000 for a couple). Countable assets include bank accounts, cash, stocks, and bonds. Non-countable assets typically include the home your child lives in, one vehicle, personal belongings, and funds held in a properly drafted Special Needs Trust. This limit has remained unchanged for decades. SSI typically comes with MassHealth coverage
- SSDI (Social Security Disability Insurance): Based on work history (yours or a parent’s). No asset limits. Provides Medicare after 24 months. Some individuals receive both
- Why It Matters: SSI’s strict asset rules are the reason Special Needs Trusts exist. If your child receives SSI, the trust is what keeps an inheritance or gift from disqualifying them
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Q: A relative left money directly to my child. Now what?
A: This is one of the most common problems we help families fix. If your child receives an inheritance, settlement, or life insurance payout directly, they could lose SSI and MassHealth eligibility.
- First-Party SNT: One common solution is to quickly transfer those funds into a first-party Special Needs Trust (which requires MassHealth payback upon your child’s death)
- Spend Down: If the amount is small, spending it down on exempt assets right away may be an option
- Prevention: The better approach is to prevent it from happening in the first place. We help you educate family members and give them the right beneficiary designation language for their own estate plans
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Q: We already have a will. Is that enough?
A: It depends on what it says. A simple will often falls short of providing adequate protection. If your current will or trust leaves assets directly to your child, it could disqualify them from benefits and create vulnerability to creditors or taxation.
What We Look At:
- Your Documents: Wills, trusts, beneficiary designations on life insurance, retirement accounts, and any other assets that name your child
- Family Members’ Plans: Grandparents, siblings, and others who may have named your child without realizing the consequences
- The Full Picture: Every piece of your family’s financial life needs to work together to protect your child’s eligibility
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Q: Does guardianship require going to court?
A: Yes. In Massachusetts, there’s no way around it. A guardian for an incapacitated adult is appointed by the Probate and Family Court after a hearing and clinical evaluation. Without these explicit designations, courts will step in to appoint guardians according to legal standards that may not align with your child’s specific needs and preferences.
- Court Appointment: Guardianship always requires a court process. You can’t establish it with a form or a notarized letter
- Ongoing Oversight: Even after appointment, certain medical decisions, like authorizing antipsychotic medications or some life-support decisions, require additional specific court approval
- How We Help: We prepare the documentation, coordinate medical evaluations, and walk your family through the court process so the right person has the right authority to make decisions for your child
What Working Together Looks Like
You’ve probably been putting this off because it feels complicated. It is complicated. But the process doesn’t have to be.
Step by Step
1
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Your Consultation
You tell us about your child, your family, and your goals. We listen and ask the right questions.
2
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Benefit Review
We map out your child’s current and potential government benefits to understand exactly what needs protection.
3
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Your Plan
Special Needs Trusts, ABLE accounts, estate documents, guardianship, and anything else your family needs. All coordinated.
4
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Family Education
Guidance for grandparents, siblings, and anyone else. We help your whole family understand the plan and their role in it.
5
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Ongoing Support
Laws change. Needs evolve. We provide ongoing personalized attention so your plan keeps working as life moves forward.
Why Families Trust Us
You’ve spent years learning systems, pushing for services, and advocating in rooms where no one else understood what your family needs. You deserve a trusts and estates attorney who doesn’t need that explained to them.
Over 25 Years of Focused Experience
Our practice has been focused on estate planning from the start, with particular depth in special needs planning. As members of the Academy of Special Needs Planners, this isn’t a sideline. It’s the work we chose.
We See Your Child First
Every plan starts with your child as a person, not a diagnosis. We take a person-first approach because your child’s interests, joys, and daily life should shape the plan just as much as the legal details.
We Think About Your Whole Family
Your other children, your aging parents, your own retirement. We look at the full picture because a plan that protects your child with disabilities but overlooks everything else isn’t a complete plan.
We Stay With You
Laws change. MassHealth rules shift. Your child’s needs evolve. We don’t hand you a binder and disappear. We provide ongoing personalized attention so your plan keeps working as life moves forward.
We know Massachusetts programs, regulations, and resources inside and out because that’s where our families live. When you sit down with us, you won’t need to explain why this matters. We already know.
A note on numbers: Government benefit rules, asset limits, and contribution caps are subject to change. The information on this page is current as of 2026. We will review the most up-to-date requirements during your consultation.
Your Child's Best Life Starts with a Plan
You’ve spent years advocating for your child and building the daily life they need. Let us help you put the legal and financial structures in place so all of that work is protected, today and for the long term. Schedule a consultation and take the next step.