Special Needs Estate Planning Attorney in Massachusetts

What happens if you’re no longer able to care for them?

As a special needs planning lawyer, we guide families in Massachusetts through every legal and financial decision needed to protect your loved one’s future.  Ensure they have the financial resources, medical care, and living arrangements they need.

A young girl in wheelchair having a good time with her mother
Special needs girls wearing green glasses

Why Having a Special Needs Estate Plan is so Important

Families with a loved one who has special needs face complicated legal, financial, and medical challenges. Ordinary estate planning often fails to address these specific circumstances. Without proper planning, assets may be lost, government benefits may be jeopardized, and vital personal care decisions may fall to the courts.

What Exactly is Special Needs Estate Planning?

Special needs estate planning is a set of strategies and legal tools designed to provide supplemental financial support for a loved one with physical, mental, or developmental disabilities, without affecting their eligibility for public benefits like Medicaid or Supplemental Security Income (SSI). The goal is to ensure your loved one can live a full, rich life while staying protected.

The Benefits of Hiring an Attorney

Working with our special needs attorney means creating a plan that truly fits your loved one’s life and needs. We design trusts, wills, and guardianship plans to make sure they have the resources, care, and protection they deserve. Our personalized approach helps families avoid the stress and uncertainty of court decisions, protects government benefits, and ensures your loved one is cared for exactly as you intend.

Risks of DIY

Attempting a DIY plan for a loved one with special needs can put their future at serious risk. Many template forms or software solutions fail to account for the rules around government benefits like Medicaid and SSI, which could result in disqualification if not handled correctly. 

Important decisions about care, guardianship, and financial management might be left unclear, leaving your loved one vulnerable and creating potential conflicts among family members. A DIY plan may also overlook key legal protections or fail to anticipate changes in laws or your loved one’s needs over time.

Every day without a professionally crafted plan increases the chance of financial, legal, and emotional complications for your loved one.

Common Special Needs Planning Services We Handle

Special Needs Trusts

Structured to provide financial support for a loved one with special needs without affecting their eligibility for Medicaid, SSI, or other government benefits.

Revocable and Irrevocable Trusts

Designed to manage and protect assets for a special needs loved one, ensuring funds are used appropriately for care, therapies, education, and living expenses while maintaining benefits.

Wills

Customized to account for your loved one’s special needs, including naming guardians, distributing supplemental assets, and protecting long-term support.

Powers of Attorney

Assign a trusted person to make decisions about finances and care for your loved one if they cannot manage on their own, ensuring their well-being is always prioritized.

Advanced Healthcare Directives

Specify medical treatments and care preferences for a loved one with special needs, making sure healthcare providers and guardians honor their specific needs and comfort.

Guardianship Nominations

Appoint the right guardian who understands your loved one’s unique needs and can manage both their personal and financial well-being if you are unable to do so.

Residential and Care Planning

Help families identify safe, supportive living arrangements and long-term care options that match the individual needs of a loved one with disabilities, including funding and accessibility considerations.

Our Process to Bring You Results

  1. Family Wealth Inventory & Assessment – We help you identify assets, needs, and potential gaps in care planning.
  2. Family Wealth Planning Session – Together, we create a strategy tailored to your loved one’s circumstances.
  3. Custom Special Needs Plan Creation – We draft and manage special needs trusts, wills, powers of attorney, healthcare directives, guardianship nominations, and assist with residential or care planning.
  4. Ongoing Guidance – Your loved one’s needs and government rules may change over time. We provide updates to ensure your plan remains effective.

Testimonials

What our happy customers say about our services

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Your loved one’s future is too important to leave to chance

Special needs planning isn’t about piles of legal paperwork; it’s about peace of mind. It’s knowing that if something unexpected happens, your loved ones are cared for and your wishes are honored exactly as you want.

At Law Mom, we take the time to understand your family, your loved one’s needs, and your goals. We create a plan that provides financial security, care, and protection, so your loved one can live a supported life.

At Law Mom,LLC ®, we turn wishes into wills, dreams into trusts, and uncertainties into legacies, securing peace of mind for families today and tomorrow.

Law Mom, LLC ®
FAQs

Common Questions

Do I need a special plan if my loved one receives government benefits?

Yes. Without a properly structured plan, any inheritance or assets could disqualify your loved one from Medicaid or SSI.

Can I create a DIY plan for a loved one with special needs?

Most DIY plans do not adequately protect benefits or address guardianship and long-term care needs. Law Mom creates fully customized plans.

Who should I appoint as a guardian or trustee?

It should be someone you trust 100%, who understands your loved one’s needs and can manage their finances and care. This should be someone you know as a fact will honor your wishes and care for your loved one the same way you would. If you’re unsure of who or how to pick, we can guide you in selecting the right person.

Will my plan need to change over time?

Most likely. Life circumstances change, your loved one’s needs evolve, and laws governing public benefits can shift. Ongoing guidance is critical to keep your plan effective.

Request Your Family Protection Phone Consultation

Just click the “Schedule a 15 Minute Call with our Welcome Coordinator” button below and choose a time and we’ll call you to answer your questions and give you the help you need…

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