Protecting the Long-Term Care, Rights, and Security of Your Loved Ones

Families caring for a loved one with a disability know that planning for the future is about more than just financial decisions—it’s about protecting someone who may rely on lifelong support. For parents, siblings, or guardians of individuals with special needs, a traditional estate plan is often not enough. It’s critical to take extra steps to ensure your loved one is cared for without jeopardizing their access to public benefits.

At The Real Estate Law Firm, we help families across St. Charles and surrounding counties build customized estate plans that reflect the unique needs of their loved ones with disabilities. With careful legal planning, we can help you preserve eligibility for government programs while improving quality of life, ensuring long-term security, and protecting your family’s intentions.

Why Special Needs Planning Is Different

Government benefits such as SSI (Supplemental Security Income) and Medicaid are critical for many individuals with disabilities—but these programs have strict income and asset limits. A well-meaning inheritance or financial gift could unintentionally disqualify your loved one from vital services.

That’s why special needs planning must be handled carefully and strategically. We work with you to build a plan that provides additional support without disrupting essential benefits.

Key Tools for Special Needs Estate Planning

Special Needs Trusts

A Special Needs Trust (SNT) allows assets to be held and used for the benefit of a person with disabilities—without being counted as personal assets for eligibility purposes. Funds in the trust can be used for:

• Out-of-pocket medical expenses
  
  
• Therapy and personal care
  
  
• Education and training
  
  
• Assistive technology and equipment
  
  
• Transportation and travel
  
  
• Enrichment, hobbies, and recreation
  
  

There are different types of special needs trusts (first-party, third-party, pooled), and we’ll help you determine which one best fits your family’s situation.

Guardianship & Decision-Making Authority

If your loved one is unable to make financial or medical decisions independently, we help you establish legal guardianship, or draft powers of attorney and advance directives to ensure trusted individuals can step in when needed.

Coordinating the Full Estate Plan

We ensure that your will, trusts, beneficiary designations, and healthcare documents all work together to protect your family’s interests and avoid conflicts or confusion down the road.

Who Should Consider Special Needs Planning?

• Parents of children with intellectual or developmental disabilities
  
  
• Adults caring for a sibling or relative with special needs
  
  
• Grandparents or family members who want to leave a financial gift
  
  
• Guardians of individuals receiving SSI, Medicaid, or other needs-based benefits
  
  

Schedule a Consultation Today

Planning for a loved one with special needs requires both compassion and legal precision. At The Real Estate Law Firm, we bring both to the table. Our team will walk you through every step—giving you the peace of mind that your family member will be protected now and in the future.

Call us today at (630) 687-1070 to schedule your free consultation. We proudly serve families in Kane, Will, DuPage, Lake, and McHenry Counties with flat-fee estate planning services available in most cases.