Special Needs Trusts

Keep your special needs loved ones secure now and after you pass from this life
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Special Needs Trusts Attorney In Monterey, California

There is no cookie-cutter, one-size-fits-all estate plan, and this is why it is necessary to receive personalized attention from a licensed estate planning attorney before you make any decisions. Every situation is unique, and your own financial position and your intentions will be a large part of the equation. On the other side of the coin, you should also take the life situation of each person on your inheritance list into account.


With the above in mind, if you have someone with a disability on that list, you should definitely speak with our firm about special needs planning. If you take action on your own without the appropriate legal guidance, you could make mistakes that wind up yielding negative consequences in the future. This is because of the fact that many people with disabilities rely on need-based government benefits.

Contact John D. Laughton, A Professional Law Corporation to schedule a consultation with a lawyer today. 831-649-1122

What Are the Options?

One of these is Medi-Cal, which is a source of health insurance for people that have very limited financial resources. Supplemental Security Income is another program that provides a modest stream of income for people that cannot earn money on their own because of disabilities. Since these are need-based programs, a sudden improvement in financial status could cause a forfeiture of eligibility.

Special Needs Trusts Explained

Fortunately, there is an estate planning solution that can be utilized to address the situation if you want to provide for someone with special needs without doing any harm in the process. You could establish a supplemental needs trust for the benefit of a loved one that you would like to make more comfortable. These legal devices are sometimes called special needs trusts.


The trustee that you name in the trust declaration would be empowered to use assets that you conveyed into the trust to satisfy the supplemental needs of the beneficiary. These expenditures would not impact benefit eligibility, but it is important to note that the trustee would not be able to provide direct monetary distributions to the beneficiary. Educational expenses, medical and dental costs that are not covered by Medi-Cal, vacations, electronic devices, educational costs, and many other goods and services would be supplemental needs that could be satisfied by trustee.


If you establish a special needs trust for the benefit of someone else with your funds, it would be a third-party special needs trust. Under program rules, Medi-Cal is required to seek reimbursement from the estate of a deceased individual that was enrolled in the program. However, the Medi-Cal program cannot seek reimbursement from assets that remain in a third-party special needs trust after the death of the beneficiary.


Sometimes, a person with a disability will come into some money through a personal injury settlement or judgment. In other instances, a well-meaning individual could leave an inheritance to someone that is enrolled in these government programs. Under these circumstances, it is possible for a parent, a grandparent, a legal guardian, or a court to establish a first party or self-settled special needs trust with the funds.


The same situation would exist with regard to the ability of the trustee to use the assets in the trust to satisfy the supplemental needs of the beneficiary. However, there is one major difference. After the death of the beneficiary, assets that remain in the trust could be absorbed by Medi-Cal.


If you would like to learn more about special needs planning, we would be glad to help. You can send us a message to request a consultation or give us a call at 831-649-1122.

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Special Needs Resources

  • Administration on Aging

    American Foundation for the Blind

    The American Foundation for the Blind (AFB) is a national nonprofit that expands possibilities for people with vision loss. AFB’s priorities include broadening access to technology, elevating the quality of information and tools for the professionals who serve people with vision loss, and promoting independent and healthy living for people with vision loss by providing them and their families with relevant and timely resources.

  • The ARC

    The ARC

    The Arc is the worlds largest community based organization of and for people with intellectual and developmental disabilities. It provides an array of services and support for families and individuals. The Arc is devoted to promoting and improving supports and services for all people with intellectual and developmental disabilities.

  • Council for Exceptional Children

    Council for Exceptional Children

    The Council for Exceptional Children (CEC) is the largest international professional organization dedicated to improving educational outcomes for individuals with exceptionalities, students with disabilities, and/or the gifted. CEC advocates for appropriate governmental policies, sets professional standards, provides continual professional development, advocates for newly and historically underserved individuals with exceptionalities, and helps professionals obtain conditions and resources necessary for effective professional practice.

  • Developmental Disabilities Resource Center

    Developmental Disabilities Resource Center

    DDRC provides leading-edge services that create opportunities for people with developmental disabilities and their families to participate fully in the community. Quality, dignity and choice are the values of DDRC.

  • National Dissemination Center for Children with Disabilities

    National Dissemination Center for Children with Disabilities

    The National Dissemination Center is the center that provides information to the nation on disabilities in children and youth; programs and services for infants, children, and youth with disabilities; IDEA, the nation’s special education law and research-based information on effective practices for children with disabilities. Anyone can use their servicesfamilies, educators, administrators, journalists, students. Their special focus is children and youth birth to age 22.

  • National Multiple Sclerosis Society

    National Multiple Sclerosis Society

    The National MS Society is a collective of passionate individuals who want to do something about MS now. They help each person address the challenges of living with MS through their 50-state network of chapters. The Society helps people affected by MS by funding cutting-edge research, driving change through advocacy, facilitating professional education, and providing programs and services that help people with MS and their families move their lives forward.

  • National Organization on Disability

    National Organization on Disability

    The mission of the National Organization on Disability (NOD) is to expand the participation and contribution of Americas 54 million men, women and children with disabilities in all aspects of life. NOD is working toward closing the participation gap by raising disability awareness through programs and information.

  • Office of Special Education Programs

    Office of Special Education Programs

    The Office of Special Education and Rehabilitative Services (OSERS) understands the many challenges still facing individuals with disabilities and their families. Therefore, OSERS is committed to improving results and outcomes for people with disabilities of all ages. OSERS supports programs that serve millions of children, youth and adults with disabilities.

  • Social Security Administration

    Social Security Administration

    The Social Security Administration’s Strategic Plan provides a guide for meeting the goals of the President’s Management Agenda and the Government Performance and Results Act, and describes how the Agency will deliver results for the American people.

  • Special Needs Advocate for Parents

    Special Needs Advocate for Parents

    SNAP offers a number of services to parents who have children with special needs to help them make important decisions in planning for their child’s well-being as well as to provide information, resources and networking opportunities. Whether your child is 2 years old or 42, they are ready to support you.

  • Spina Bifida Association

    Spina Bifida Association

    The Spina Bifida Association (SBA) serves adults and children who live with the challenges of Spina Bifida. Since 1973, SBA has been the only national voluntary health agency solely dedicated to enhancing the lives of those with Spina Bifida and those whose lives are touched by this challenging birth defect. Its tools are education, advocacy, research, and service.

  • United Cerebral Palsy Association, Inc.

    United Cerebral Palsy Association, Inc.

    United Cerebral Palsy (UCP) is the leading source of information on cerebral palsy and is a pivotal advocate for the rights of persons with any disability. As one of the largest health charities in America, the UCP mission is to advance the independence, productivity and full citizenship of people with disabilities through an affiliate network.

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