Enola Special Needs Planning Attorney
Planning for the future of a loved one with special needs involves much more than creating a traditional estate plan. Families often have concerns about how to provide long-term financial support while protecting eligibility for important government benefits such as Supplemental Security Income (SSI) and Medicaid. Without proper planning, even a well-intentioned inheritance or financial gift can unintentionally jeopardize those benefits and create unnecessary financial hardship.
At Keystone Elder Law, P.C., we understand that every family’s situation is unique. Whether you are the parent of a young child with disabilities, caring for an adult child with special needs, or planning your own future while receiving disability benefits, thoughtful legal planning can provide peace of mind and lasting security. Our goal is to help families create personalized legal strategies that protect loved ones today while preparing for tomorrow’s uncertainties.
Families throughout Enola, Mechanicsburg, Camp Hill, Harrisburg, Hershey, Carlisle, and surrounding Pennsylvania communities turn to Keystone Elder Law because of our compassionate approach and deep understanding of elder law, estate planning, Medicaid planning, and special needs planning. We take the time to understand your family’s goals, explain complex legal issues in straightforward language, and develop solutions tailored to your circumstances.
Special needs planning is not simply about drafting documents. It is about creating a comprehensive plan that supports your loved one’s quality of life for years to come. That may involve establishing a Special Needs Trust, coordinating beneficiary designations, preparing powers of attorney, creating healthcare directives, planning for future caregivers, and ensuring that your estate plan works together with available public benefits.
No matter where you are in the planning process, Keystone Elder Law is here to help you make informed decisions with confidence. By taking action today, you can help provide stability, financial protection, and peace of mind for the people you care about most.
Ready to begin planning for your family’s future? Contact Keystone Elder Law today at (717) 697-3223 or visit our contact page to schedule a consultation with an experienced Enola Special Needs Planning Attorney.
What Is Special Needs Planning?
Special needs planning is a specialized area of estate planning designed to protect individuals living with physical, developmental, intellectual, or mental disabilities. While traditional estate planning focuses on transferring wealth to future generations, special needs planning must also consider how inherited assets may affect eligibility for government assistance programs.
Many individuals with disabilities depend on public benefits such as SSI and Medicaid to help pay for healthcare, housing, personal care, and other essential services. These programs have strict income and asset limits. Receiving an inheritance outright or becoming the direct beneficiary of financial assets could unintentionally disqualify someone from receiving these important benefits.
A carefully designed legal plan can help avoid these unintended consequences while still providing additional financial resources that improve a loved one’s quality of life.
At Keystone Elder Law, we help families throughout Pennsylvania understand the legal tools available to preserve public benefits while protecting family assets for future generations.
Why Special Needs Planning Is Different From Traditional Estate Planning
Every estate plan should reflect a family’s unique goals, but special needs planning requires additional layers of legal analysis.
Instead of simply determining who will inherit assets, families must also consider questions such as:
- Will an inheritance affect SSI eligibility?
- How can assets be managed for someone who cannot independently handle finances?
- Who will make healthcare decisions if parents are no longer able?
- Who should serve as trustee or successor caregiver?
- How can financial support continue throughout the beneficiary’s lifetime?
These questions require thoughtful planning and legal documents that coordinate with both Pennsylvania law and federal benefit programs.
Rather than relying on generic estate planning documents or online templates, families often benefit from working with an attorney who understands the interaction between estate planning, Medicaid rules, and disability benefits.
Planning Provides More Than Financial Protection
Many families initially contact an attorney because they are concerned about protecting government benefits. While that is certainly an important goal, comprehensive planning offers much more.
A well-developed special needs plan can help:
- Preserve financial security
- Protect eligibility for public benefits
- Coordinate future caregiving responsibilities
- Reduce family conflict
- Clarify long-term wishes
- Ensure assets are managed responsibly
- Provide continuity if parents or caregivers become incapacitated
Perhaps most importantly, it gives families peace of mind knowing they have prepared for the unexpected.
Life can change quickly. Having a comprehensive legal plan in place allows families to focus less on uncertainty and more on enjoying time together.
If you’re ready to create a personalized plan for your loved one, call Keystone Elder Law at (717) 697-3223 or schedule a consultation through our contact page.
Why Families in Enola Choose Keystone Elder Law
Choosing a Special Needs Planning Attorney is an important decision. Families are not simply hiring someone to prepare documents—they are selecting a trusted legal advisor who will help protect their loved one’s future.
At Keystone Elder Law, P.C., we recognize that every family has different priorities, concerns, and financial circumstances. We take the time to listen, educate, and develop customized strategies designed around your goals.
Our approach emphasizes personalized guidance rather than one-size-fits-all solutions.
Because special needs planning often intersects with estate planning, elder law, long-term care planning, Medicaid planning, and probate matters, our firm is able to help families address multiple legal concerns under one roof.
Personalized Legal Advice
No two families face the exact same challenges.
Some parents are planning for a young child recently diagnosed with a developmental disability. Others are caring for an adult son or daughter who receives SSI benefits. Grandparents may wish to leave an inheritance without affecting public assistance.
Each circumstance deserves an individualized strategy.
During your consultation, we discuss topics including:
- Current financial resources
- Government benefits
- Family dynamics
- Future caregiving plans
- Estate planning goals
- Long-term healthcare considerations
- Potential tax implications
This comprehensive approach helps ensure your legal documents work together effectively.
Compassionate Guidance Through Complex Decisions
Planning for a loved one’s future can feel overwhelming.
Parents often ask questions like:
“What happens when we’re no longer here?”
“Who will care for our child?”
“How can we leave financial support without causing problems?”
These are deeply personal questions with significant legal implications.
Rather than rushing through legal documents, we spend time educating families so they understand why each planning decision matters. Our clients appreciate knowing they have an attorney who explains complicated legal concepts in plain language.
Local Experience Matters
Keystone Elder Law proudly serves families throughout Central Pennsylvania, including Enola, Mechanicsburg, Camp Hill, Harrisburg, Hershey, Carlisle, and surrounding communities.
Being located nearby means we understand the legal landscape affecting Pennsylvania families. We regularly help clients navigate estate planning, Medicaid planning, long-term care planning, probate, guardianship issues, and special needs planning under Pennsylvania law.
Families appreciate having an experienced local law firm they can return to as life circumstances change.
As children become adults, government programs evolve, or estate planning goals shift, legal documents should be reviewed and updated accordingly.
A Long-Term Relationship
Special needs planning is rarely a one-time event.
Over the years, your family’s circumstances may change significantly.
Children become adults.
Trustees retire.
Assets increase.
Government regulations evolve.
Healthcare needs change.
For these reasons, Keystone Elder Law believes ongoing attorney-client relationships are just as valuable as the original planning process. We encourage clients to periodically review their estate plans to ensure everything continues to reflect their wishes and current law.
You can also learn more about our attorneys by visiting our team page, explore educational articles on our blog, and read what other families have shared on our testimonials page.
If your family is ready to begin planning with confidence, call Keystone Elder Law today at (717) 697-3223 or visit our contact page to schedule your consultation.
Who Should Consider Special Needs Planning?
Many people mistakenly believe special needs planning is only necessary for parents of young children with disabilities. In reality, individuals of all ages and many different family situations can benefit from comprehensive planning.
Parents of Children With Disabilities
Parents naturally want to ensure their children remain financially secure throughout life.
A comprehensive plan helps ensure financial resources remain available while protecting eligibility for valuable government assistance programs.
Parents of Adult Children
As parents age, concerns often shift toward long-term caregiving.
Questions frequently arise regarding housing, trustees, healthcare decisions, and financial management.
Creating a plan before a crisis occurs allows families to make thoughtful decisions rather than reacting under pressure.
Grandparents
Grandparents often wish to leave an inheritance to grandchildren with disabilities.
Without proper planning, even relatively modest gifts may unintentionally affect benefit eligibility.
A properly structured plan can allow grandparents to provide meaningful financial support while minimizing unintended consequences.
Individuals Receiving SSI or Medicaid
Adults receiving public benefits should also consider special needs planning.
Future inheritances, lawsuit settlements, gifts, retirement accounts, or life insurance proceeds may all require careful legal planning.
Establishing appropriate legal structures before assets are received can often prevent unnecessary complications later.
Caregivers Planning Their Own Estate
Anyone serving as the primary caregiver for an individual with disabilities should review their own estate plan.
Without coordinated planning, wills, trusts, beneficiary designations, retirement accounts, and life insurance policies may unintentionally leave assets directly to a beneficiary receiving public assistance.
Reviewing these documents together helps ensure your overall estate plan works exactly as intended.
Protect your loved one’s future by speaking with Keystone Elder Law. Call (717) 697-3223 or schedule your consultation through our contact page.
Understanding Special Needs Trusts
One of the most important legal tools available in special needs planning is a Special Needs Trust. These trusts are designed to hold assets for the benefit of an individual with a disability while helping preserve eligibility for important public assistance programs like Supplemental Security Income (SSI) and Medicaid. For many Pennsylvania families, a Special Needs Trust serves as the cornerstone of a comprehensive estate plan.
Without proper planning, leaving an inheritance directly to a child or loved one with disabilities can unintentionally disqualify them from receiving needs-based government benefits. Even a modest inheritance, life insurance payout, or financial gift may push an individual over the allowable asset limits. A properly drafted Special Needs Trust can help avoid these unintended consequences by allowing assets to be managed by a trustee for the beneficiary’s benefit rather than giving the assets directly to the beneficiary.
Every family’s circumstances are different, which is why there is no one-size-fits-all trust. At Keystone Elder Law, we help families determine which type of Special Needs Trust best aligns with their goals, financial situation, and long-term planning needs.
Third-Party Special Needs Trusts
A Third-Party Special Needs Trust is often the most common planning tool used by parents, grandparents, and other family members who wish to leave assets to a loved one with disabilities.
Unlike a traditional inheritance, assets placed into this trust are owned by the trust rather than the beneficiary. Because the beneficiary does not directly own the assets, they may remain eligible for certain government benefit programs while still benefiting from trust distributions.
Parents frequently establish these trusts as part of their estate plan to ensure that their child will continue receiving financial support after they are gone. Grandparents, siblings, and other relatives can also direct gifts or inheritances into the trust instead of making distributions directly to the beneficiary.
A Third-Party Special Needs Trust may hold a variety of assets, including:
- Cash and investment accounts
- Life insurance proceeds
- Real estate
- Retirement account distributions
- Family inheritances
- Gifts from relatives
Proper administration of the trust is just as important as creating it. Trustees must understand how distributions should be made so they complement, rather than replace, available government benefits.
First-Party Special Needs Trusts
While Third-Party Trusts are funded with someone else’s assets, a First-Party Special Needs Trust is funded using the beneficiary’s own money.
These trusts often become necessary when an individual with disabilities receives assets through circumstances such as:
- A personal injury settlement
- Medical malpractice settlement
- Workers’ compensation recovery
- Direct inheritance
- Divorce settlement
- Back payments of government benefits
Without appropriate planning, receiving these funds outright may jeopardize Medicaid or SSI eligibility.
A First-Party Special Needs Trust allows qualifying individuals to preserve benefits while using trust assets to improve their quality of life.
Because First-Party Trusts must comply with strict federal and Pennsylvania legal requirements, they should be carefully drafted and administered.
Pooled Special Needs Trusts
Some individuals may benefit from a Pooled Special Needs Trust.
These trusts are typically administered by nonprofit organizations that manage assets for multiple beneficiaries while maintaining separate accounts for each participant.
Pooled trusts may be appropriate when:
- The available assets are relatively modest.
- A family member is unavailable to serve as trustee.
- Professional trust administration is preferred.
- The cost of establishing a standalone trust would not be practical.
Whether a pooled trust or an individually drafted Special Needs Trust is the better option depends upon each family’s circumstances. An experienced attorney can explain the advantages and potential limitations of each approach.
If you have questions about creating a Special Needs Trust, call Keystone Elder Law today at (717) 697-3223 to discuss your family’s options.
Protecting SSI and Medicaid Benefits
Many families are surprised to learn that eligibility for government assistance programs can depend on both income and available assets. While every program has its own rules, Supplemental Security Income (SSI) and Medicaid generally impose strict financial eligibility requirements.
These benefits often provide access to healthcare coverage, prescription medications, personal care assistance, housing support, and other services that significantly improve an individual’s quality of life. Losing eligibility—even temporarily—can have serious financial consequences.
Thoughtful legal planning helps reduce the likelihood that future inheritances or financial gifts will unintentionally interfere with these valuable benefits.
Understanding Asset Limits
One of the most common planning mistakes occurs when family members leave assets directly to an individual receiving SSI or Medicaid.
Many people assume that because they are helping a loved one financially, the inheritance will simply supplement existing benefits. Unfortunately, that is often not the case.
Assets received directly may count toward program eligibility limits and require benefits to be suspended until those assets are spent down.
Instead, estate plans should coordinate beneficiary designations, wills, trusts, retirement accounts, and life insurance policies so that assets pass according to an overall planning strategy.
Coordinating Estate Planning With Public Benefits
Special needs planning should never exist independently from the rest of a family’s estate plan.
Parents often need to update:
- Wills
- Revocable Living Trusts
- Beneficiary Designations
- Retirement Accounts
- Life Insurance Policies
- Powers of Attorney
- Healthcare Directives
Each document should work together toward the same objective: protecting the financial future of the beneficiary while preserving important government assistance whenever possible.
This type of coordinated planning helps reduce confusion and can prevent costly mistakes after a loved one’s passing.
Families seeking additional information regarding Pennsylvania assistance programs can also review resources provided by the Pennsylvania Department of Human Services and the Social Security Administration.
Protecting government benefits starts with proactive planning. Call Keystone Elder Law at (717) 697-3223 to discuss your family’s goals.
ABLE Accounts and Other Planning Tools
While Special Needs Trusts receive much of the attention in disability planning, they are only one component of a comprehensive legal strategy.
Many families also benefit from using ABLE (Achieving a Better Life Experience) accounts alongside other planning tools.
An ABLE account allows eligible individuals with disabilities to save money for qualified disability-related expenses while maintaining eligibility for certain public benefit programs, subject to applicable federal and state rules.
Depending on your family’s circumstances, an ABLE account may help pay for expenses such as:
- Education
- Housing
- Transportation
- Healthcare
- Assistive technology
- Employment support
- Personal support services
Because ABLE accounts and Special Needs Trusts serve different purposes, many families use both together as part of a comprehensive planning strategy.
Powers of Attorney
As children with disabilities become adults, parents often discover they can no longer automatically make financial or healthcare decisions on their behalf.
If the individual has the legal capacity to execute estate planning documents, Powers of Attorney may provide an effective way to authorize trusted individuals to assist with financial or medical decisions.
These documents can often help families avoid unnecessary court proceedings while providing flexibility as circumstances change.
Healthcare Directives
Advance Healthcare Directives allow individuals to communicate medical preferences and appoint someone they trust to make healthcare decisions if they become unable to do so.
These documents provide clarity during difficult situations and can reduce uncertainty for family members.
Every adult should consider preparing these documents, including adults living with disabilities who have sufficient legal capacity to make informed decisions.
Letter of Intent
Although not legally binding, a Letter of Intent is one of the most valuable planning documents families can prepare.
Unlike a trust or will, it focuses on practical day-to-day information that future caregivers may need.
Parents often include information such as:
- Medical history
- Daily routines
- Medications
- Therapists and physicians
- Educational background
- Social activities
- Religious preferences
- Favorite hobbies
- Behavioral considerations
- Long-term goals
Because no legal document can fully describe a person’s daily life, a Letter of Intent helps preserve invaluable knowledge for future caregivers.
If you’d like to create a comprehensive special needs plan tailored to your family, call Keystone Elder Law today at (717) 697-3223.
Guardianship and Less Restrictive Alternatives
As children with disabilities approach adulthood, many parents begin asking an important question: “Will I still be able to make decisions for my child after they turn 18?”
In Pennsylvania, reaching the age of 18 generally means an individual is legally considered an adult, regardless of whether they have a disability. Parents no longer automatically have the legal authority to make financial, medical, or personal decisions on behalf of their adult child.
Depending on the individual’s abilities and circumstances, families may wish to explore guardianship or less restrictive alternatives.
Guardianship is a legal process in which a court appoints someone to make decisions for an adult who cannot safely manage certain aspects of their personal or financial affairs. While guardianship may be appropriate in some situations, it is not the right solution for every family.
Many individuals with disabilities are capable of making some or even most of their own decisions with the right support. In these cases, less restrictive planning options may better preserve the individual’s independence while still providing appropriate assistance.
Depending on the circumstances, alternatives may include:
- Financial Powers of Attorney
- Healthcare Powers of Attorney
- Advance Healthcare Directives
- Representative Payee arrangements
- Supported decision-making strategies
- Trust administration
At Keystone Elder Law, we work closely with families to evaluate their unique circumstances and determine the planning tools that best meet their loved one’s needs. Every individual deserves a plan that balances protection with personal independence whenever possible.
If you have questions about guardianship or alternatives in Pennsylvania, call Keystone Elder Law today at (717) 697-3223 to schedule a consultation.
Choosing the Right Trustee
Selecting a trustee is one of the most important decisions involved in creating a Special Needs Trust.
The trustee will have the responsibility of managing trust assets, making distributions, maintaining records, and ensuring the trust is administered according to its terms. In many cases, the trustee also works alongside family members, caregivers, financial professionals, and government agencies.
Choosing the wrong trustee can create unnecessary stress, family conflict, or administrative challenges. Choosing the right trustee can help provide long-term stability for your loved one.
When evaluating potential trustees, families often consider qualities such as:
- Financial responsibility
- Organization and attention to detail
- Integrity and honesty
- Ability to communicate with family members
- Understanding of the beneficiary’s unique needs
- Willingness to serve for many years
- Ability to seek professional guidance when necessary
Some families select a trusted sibling or close relative. Others prefer a professional fiduciary or corporate trustee to provide experienced, impartial trust administration. In some cases, appointing co-trustees may provide the right balance of personal knowledge and professional oversight.
There is no universally correct answer. The best trustee depends on your family’s circumstances, the complexity of the trust, and the long-term needs of the beneficiary.
Common Mistakes Families Make
Many families delay special needs planning because they believe they have plenty of time. Unfortunately, waiting too long can significantly reduce available planning options.
One of the most common mistakes is assuming that a traditional estate plan will adequately protect a loved one with disabilities. Standard wills and revocable living trusts often distribute assets directly to beneficiaries. While this may work well in many situations, it can create unintended consequences for individuals receiving needs-based government benefits.
Another common mistake is naming a child with disabilities as the direct beneficiary of a retirement account, life insurance policy, or payable-on-death account. Even if a Special Needs Trust exists, beneficiary designations that have not been updated may bypass the trust entirely.
Families also sometimes rely on verbal promises among siblings or relatives.
For example, parents may assume one child will “take care of” a brother or sister after the parents are gone. While those intentions are often genuine, circumstances can change over time. Financial difficulties, illness, relocation, divorce, or other life events may make those informal arrangements difficult or impossible.
Documenting your wishes through a comprehensive legal plan provides greater certainty and reduces the likelihood of misunderstandings.
Other planning mistakes include:
- Waiting until a health crisis occurs
- Failing to update estate planning documents after major life events
- Choosing trustees without discussing responsibilities
- Forgetting to coordinate beneficiary designations
- Not reviewing the plan as laws or family circumstances change
- Attempting to rely solely on online legal forms that are not tailored to Pennsylvania law
Working with an experienced Special Needs Planning Attorney can help identify these issues before they become costly problems.
Planning today can help prevent unnecessary complications tomorrow. Call Keystone Elder Law at (717) 697-3223 to discuss your family’s long-term goals.
Planning for Parents and Caregivers
Many parents devote their lives to caring for a child with special needs. As parents age, however, another important question naturally arises:
“What happens when I can no longer provide care?”
While this question can be difficult to consider, planning ahead allows families to make thoughtful decisions instead of leaving important choices to chance.
A comprehensive special needs plan often addresses:
- Future housing arrangements
- Financial management
- Successor caregivers
- Medical decision-makers
- Trustees
- Long-term sources of financial support
- Coordination with government benefit programs
Parents should also ensure that their own estate planning documents remain current. Wills, trusts, powers of attorney, healthcare directives, and beneficiary designations should all work together to support the overall plan.
At Keystone Elder Law, we regularly help families coordinate elder law planning with special needs planning so that both generations are protected. As parents prepare for retirement, long-term care needs, or future incapacity, their planning should continue supporting the child or loved one who depends upon them.
Taking these proactive steps can provide reassurance for the entire family and help ensure that your loved one’s future remains secure, even when life changes.
Why Families Choose Keystone Elder Law
Families throughout Central Pennsylvania trust Keystone Elder Law because we understand that successful planning is about more than preparing legal documents. It is about helping people navigate some of life’s most important decisions with confidence and compassion.
Our firm focuses on elder law and related planning services, allowing us to assist families with issues that often overlap, including estate planning, Medicaid planning, long-term care planning, probate and estate administration, incapacity planning, and special needs planning.
When you work with Keystone Elder Law, you receive personalized guidance tailored to your family’s circumstances rather than a one-size-fits-all approach. We take the time to understand your goals, explain your legal options, and develop strategies designed to protect your loved ones both now and in the future.
We also believe education is an important part of the planning process. Our attorneys strive to help clients understand why certain planning strategies are recommended and how each legal document works within the overall estate plan.
Whether you are beginning your family’s first estate plan or updating an existing plan after major life changes, our goal is to provide trusted legal guidance every step of the way.
Speak with an experienced member of our team today by calling (717) 697-3223.
Serving Families Throughout Enola and Central Pennsylvania
Keystone Elder Law is proud to assist individuals and families throughout Enola and the surrounding communities. Our office in nearby Mechanicsburg allows us to conveniently serve clients across Central Pennsylvania while providing the personalized attention that families deserve.
We regularly work with clients from Enola who are planning for children with developmental disabilities, adult family members receiving Medicaid or Supplemental Security Income, aging parents who want to protect a loved one’s future, and grandparents who wish to leave an inheritance without affecting government benefits.
In addition to serving Enola, we proudly assist families throughout Mechanicsburg, Camp Hill, Harrisburg, Hershey, Carlisle, and communities across Pennsylvania. Although every family has unique goals, many share the same desire—to create a secure future for someone they love while preserving access to important public benefits and maintaining long-term financial stability.
Because special needs planning often overlaps with estate planning, elder law, Medicaid planning, and long-term care planning, families appreciate having a law firm that can address multiple legal concerns through one coordinated strategy. Whether you are planning well in advance or responding to an unexpected change in circumstances, Keystone Elder Law is committed to helping you move forward with confidence.
Protect Your Loved One’s Future with an Enola Special Needs Planning Attorney
Planning for a loved one with special needs is one of the most meaningful gifts you can provide. A carefully developed legal plan can help protect financial resources, preserve eligibility for valuable government benefits, reduce uncertainty, and provide lasting peace of mind for your entire family.
Every family’s circumstances are unique. Whether you need to establish a Special Needs Trust, coordinate your estate plan, prepare powers of attorney, evaluate guardianship options, or update existing legal documents, working with an experienced attorney can help ensure your wishes are carried out according to your goals.
At Keystone Elder Law, P.C., we are honored to help families throughout Enola, Mechanicsburg, Camp Hill, Harrisburg, Hershey, Carlisle, and across Pennsylvania prepare for the future with confidence. Our compassionate, personalized approach allows us to create planning strategies that reflect each family’s values while addressing the legal challenges associated with disability planning.
If you are ready to take the next step, our team is here to help. Contact Keystone Elder Law today to schedule a consultation and learn how thoughtful special needs planning can help protect the people who matter most.
Call (717) 697-3223 today to schedule your consultation and begin creating a plan that provides peace of mind for generations to come.
Frequently Asked Questions for Special Needs Planning Attorneys
Q. What does a Special Needs Planning Attorney do?
A. A Special Needs Planning Attorney helps individuals and families create legal strategies that protect loved ones with disabilities. This may include establishing Special Needs Trusts, coordinating estate plans, preserving eligibility for government benefits, preparing powers of attorney, advising on guardianship issues, and developing long-term care plans tailored to each family’s unique needs.
Q. When should I begin special needs planning?
A. It is generally best to begin planning as early as possible. Early planning provides more flexibility, helps avoid costly mistakes, and allows families to thoughtfully prepare for future financial, healthcare, and caregiving needs before a crisis occurs.
Q. Can my child inherit money without losing SSI or Medicaid benefits?
A. In many cases, assets can be left to a properly drafted Special Needs Trust rather than directly to the individual. This type of planning may help preserve eligibility for certain needs-based government benefits while allowing trust assets to enhance the beneficiary’s quality of life.
Q. What is the difference between a First-Party and Third-Party Special Needs Trust?
A. A Third-Party Special Needs Trust is typically funded by parents, grandparents, or other family members as part of an estate plan. A First-Party Special Needs Trust is funded with assets that belong to the individual with disabilities, such as an inheritance, lawsuit settlement, or other financial recovery. Each trust serves different purposes and is governed by different legal requirements.
Q. Who should serve as trustee of a Special Needs Trust?
A. The ideal trustee is someone who is responsible, trustworthy, organized, and willing to manage the trust according to its legal requirements. Depending on the family’s circumstances, this may be a trusted family member, a professional fiduciary, or a corporate trustee.
Q. Can grandparents leave an inheritance to a grandchild with disabilities?
A. Yes. Grandparents often work with an attorney to direct gifts or inheritances into a Special Needs Trust rather than leaving assets directly to the beneficiary. This approach may help preserve eligibility for government benefits while still providing meaningful financial support.
Q. What is an ABLE account?
A. An ABLE account is a tax-advantaged savings account available to many individuals with qualifying disabilities. These accounts can help pay for eligible disability-related expenses while allowing beneficiaries to maintain eligibility for certain public assistance programs, subject to applicable legal requirements.
Q. Do I need to update my estate plan if I have a child with special needs?
A. Yes. Wills, trusts, retirement account beneficiary designations, life insurance policies, and other estate planning documents should be reviewed to ensure they coordinate with your overall special needs planning strategy.
Q. Does Keystone Elder Law help families outside of Enola?
A. Yes. Keystone Elder Law proudly serves clients throughout Enola, Mechanicsburg, Camp Hill, Harrisburg, Hershey, Carlisle, and communities across Pennsylvania. Our firm assists families with special needs planning, estate planning, elder law, Medicaid planning, and related legal matters.
Q. Why should I hire a Special Needs Planning Attorney instead of using online forms?
A. Every family’s situation is unique, and special needs planning involves complex legal issues that often intersect with estate planning, government benefits, tax considerations, and long-term care planning. An experienced attorney can develop a customized legal strategy designed to protect your loved one while helping avoid costly mistakes that generic online forms may not address.
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REGISTER HERE for LONG-TERM CARE PLANNINGPower of Attorney
A Power of Attorney can be used to give another person the right to sell a car, home, or other property in the place of the maker of the Power of Attorney. A Power of Attorney might be used to allow another person to sign a contract for the maker of the Power of Attorney (the person who makes a power of attorney is called the “principal”). It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the principal cannot do for one reason or another. With few exceptions, Powers of Attorney can give others the right to do any legal acts that the makers of the Powers of Attorney could do them themselves. A General Power of Attorney gives the “power of attorney Agent” or simply “Agent” (the legal name of the person who is authorized to act for the principal) very broad powers to do almost every legal act that the principal can do. When Elder Law Attorneys draft general Powers of Attorney, they still list the types of things the Agent can do but these powers are very broad. People often do general Powers of Attorney to plan ahead for the day when they may not be able to take care of things themselves. By doing the General Power of Attorney, they designate someone who can do these things for them.
Normal Powers of Attorney terminate if and when the principal becomes incompetent. Yet many people do Powers of Attorney for the sole purpose of designating someone else to act for them if they cannot act for themselves. It is precisely when persons can no longer do for themselves that a Power of Attorney is most valuable. To remedy this inconsistency, the law created a Durable Power of Attorney that remains effective even if a person becomes incompetent. The only thing that distinguishes a Durable Power of Attorney from a regular Power of Attorney is special wording that states that the power survives the principal’s incapacity. Even a Durable Power of Attorney, however, may be terminated under certain circumstances if court proceedings are filed. Most Powers of Attorney done today are durable.
Yes. At the time the Power of Attorney is signed, the principal must be capable of understanding the document. Although a Power of Attorney is still valid if and when a person becomes incompetent, the principal must understand what he or she is signing at the moment of execution. That means a person can be suffering from dementia or Alzheimer’s Disease or be otherwise incompetent sometimes but as long as they have a lucid moment and are competent at the moment they sign the Power of Attorney, it is valid even if they do not remember signing it at a later date. At the time it is signed, the principal must know what the Power of Attorney does, whom they are giving the Power of Attorney to, and what property may be affected by the Power of Attorney.
Any competent person eighteen years of age and older can serve as an agent. Certain financial institutions can also serve. There is no course of education that agent must complete or any test that Agent must pass. Because a Power of Attorney is such a potentially powerful document, agents should be chosen for reliability and trustworthiness. In the wrong hands, a Power of Attorney can be a license to steal. It can be a big responsibility to serve as an agent.
For Medicaid
Medicare is health insurance and covers medical services such as physician appointments, therapy, blood tests, x rays, medical procedures and hospitalization. Medicare will sometime pay for rehabilitation in a long-term care facility for a period of 20 to 100 days, but not longer. In long-term care, Medicaid covers the cost of ongoing support services for daily functioning, such as room and board in a nursing home.
Medicaid is a federal program that is overseen by the Center for Medicare and Medicaid Services (CMS). In Pennsylvania, Medicaid is called Medical Assistance and is administered by the Department of Human Services (DHS).
In Pennsylvania, Medicaid funds are not available to pay for assisted living or personal care.
For Medicaid to pay for care in a nursing home, an individual recipient must be determined to need a nursing home level of care by a physician and the local Office of Aging. An individual whose income is not greater than three times the poverty level may keep up to $8,000 of total resources, but may otherwise keep only $2,400. The cash value of life insurance counts as a resource, but one car and a residential home does not count as a resource.
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Empowering Clients with Holistic Planning at
Keystone Elder Law
At Keystone Elder Law, we believe that the physical, social, legal, and financial considerations of our clients all intertwine. We utilize an interdisciplinary approach to evaluate each area, which allows for the creation of a plan that addresses the concerns of the individual as a whole as well as the family. To this end, our model of practice includes a Care Coordinator (usually a nurse or social worker), whose expertise complements our team of attorneys.
When the road of life is smooth, decisions about legal and financial matters are easy to push aside for “a rainy day.” Planning ahead, however, will allow for more options as you view the map of where you’ve been and where you want to go. Don’t let a crisis limit your choices or derail your plans.
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