Special Needs Planning for Loved Ones with Disabilities

Special Needs Planning The Pascaris Law Firm, PLLC
(248) 482-7288
Special Needs Planning The Pascaris Law Firm, PLLC

Protecting Your Most Vulnerable Loved Ones: The Vital Importance of Special Needs Planning

For families caring for a child or adult with disabilities, the future carries a unique weight. You want to ensure your loved one is cared for, supported, and financially secure long after you are gone. But doing this safely requires navigating a complex web of legal and financial hurdles.



Many critical government benefits—such as SSI and Medicaid—come with strict asset limits. If a loved one receives an outright inheritance or a direct cash gift, they can inadvertently be disqualified from these vital programs overnight. Special needs planning bridges that gap. It allows you to provide supplemental support and a comfortable lifestyle for your family member without ever jeopardizing their government assistance.

The Power of a Special Needs Trust (SNT)

At the heart of this planning is the Special Needs Trust, a powerful legal arrangement designed to hold and manage funds specifically for someone with disabilities. These trusts are carefully structured to supplement, never replace, government benefits.



Depending on your family's situation, we utilize two main structures:

  • Third-Party SNTs: Funded by parents, grandparents, or loved ones to provide for a family member's future.
  • First-Party SNTs: Created using the disabled individual’s own assets, such as from a personal injury settlement or direct inheritance.
  • When properly drafted under Michigan law, a Special Needs Trust is completely shielded from means-tested benefit calculations. Managed by a trusted trustee, the funds can be used for enriching expenses that government benefits won’t cover—such as specialized education, advanced therapies, recreation, and personal care items.

Why Pascaris Law Firm, PLLC Is Your Best Partner in Michigan

Navigating special needs planning requires deep local expertise and absolute precision. At Pascaris Law Firm, PLLC, we don't just draft documents; we build holistic, future-focused safety nets.



We stay closely aligned with Michigan Department of Health and Human Services (MDHHS) rules, local court practices across Wayne, Oakland, and surrounding counties, and federal compliance standards. Beyond drafting the trust itself, our hands-on support includes:

  • Trustee Selection & Guidance: Helping you choose and appoint a responsible trustee—whether that is a trusted family member, close friend, or professional fiduciary.
  • Asset & Insurance Coordination: Aligning your life insurance policies and beneficiary designations so funds flow seamlessly into the trust when needed.
  • ABLE Account Integration: Explaining the pros and cons of ABLE accounts and how they can work hand-in-hand with your SNT.
  • Holistic Support: Assisting with letters of intent to voice your personal wishes, setting up guardianship or conservatorship as your child turns 18, and connecting you with specialized financial professionals.


You do not have to carry the weight of these decisions alone. Let us help you build a thoughtful, thorough plan that guarantees security, dignity, and peace of mind for your loved one.

Questions We Hear Most Often

  • What can a Special Needs Trust pay for?

    SNT funds may cover education, therapies, caregiver expenses, recreation, technology, and more—anything that improves quality of life without jeopardizing benefit eligibility. We guide families and trustees on what’s allowed.

  • Who should be trustee of a Special Needs Trust?

    Trustees can be parents, siblings, trusted friends, or professionals. Because the rules are complex, we help you weigh the options and may recommend a co-trustee or corporate trustee for added protection.

  • Can I use an SNT for my elderly parent or is it just for young people?

    Special Needs Trusts are useful for anyone, at any age, who receives means-tested benefits. They’re often used for children but can also protect inheritances for adults with disabilities or aging parents on Medicaid.

  • What is the difference between a Special Needs Trust and an ABLE account?

    An ABLE account is a tax-advantaged savings tool with annual contribution and balance limits—ideal for moderate expenses. An SNT can hold larger amounts, is not capped the same way, and is better for inheritances. Many families use both together for flexibility.

  • When should I set up a special needs trust?

    The best time is now—if you have a child or loved one with disabilities, a Special Needs Trust should be part of your estate plan. It can also be named as the beneficiary on life insurance or retirement accounts.