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Special Needs Planning

Foundational Estate Planning

Secure Their Future with a Special Needs Trust

As part of a comprehensive Special Needs Planning strategy, a Special Needs Trust helps protect a loved one’s future by preserving eligibility for essential government benefits while providing additional financial support and improving their quality of life. It also allows you to choose who will manage the trust and provide resources for needs that government benefits may not cover.

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What it does

Supporting Your Loved One Without Jeopardizing Benefits

Special Needs Planning helps families provide for a child or loved one with disabilities without unintentionally affecting eligibility for important needs-based government benefits such as Medicaid or Supplemental Security Income (SSI). If assets are left directly to someone receiving these benefits, they may lose access to the programs they depend on. As part of that planning, a Special Needs Trust or Supplemental Needs Trust can hold funds for a beneficiary’s benefit while helping preserve eligibility for needs-based government benefits. Those funds can help pay for education, transportation, communication devices, recreation, travel, therapies, and other quality-of-life expenses that government benefits may not cover.

Who it’s for

Is Special Needs Planning Right for You?

Special Needs Planning may be the right choice if:
  • Want to put your wishes in writing, choose who inherits your assets, or name a personal representative to administer your estate.
  • Want to name a guardian for your minor children or other dependents instead of leaving that decision to the courts.
  • Are an Arizona homeowner, an unmarried partner, or part of a blended family and don’t want important decisions left to Arizona probate laws.
  • Have an estate below Arizona’s probate threshold ($200,000 in personal property or $300,000 in real estate) and are comfortable with beneficiaries receiving their inheritance outright.
  • Are creating a trust-based estate plan and need a pour-over will to help direct assets left outside your trust.

How it works

Our Six-Step Process

  • 1

    Schedule Your Free Consultation

    Meet with one of our Special Needs Planning attorneys to discuss your situation, your loved one’s needs, your current estate plan, and your long-term goals. We’ll help you determine whether Special Needs Planning is the right fit for your situation.

  • 2

    Review Benefits & Identify Risks

    We’ll review your existing estate plan, assets, beneficiary designations, and any government benefits your loved one receives or may receive in the future to identify potential risks.

  • 3

    Design Your Custom Estate Plan

    We’ll create a personalized estate plan that may include a Special Needs Trust or Supplemental Needs Trust, trustee recommendations, and other planning provisions tailored to your individuals needs and goals.

  • 4

    Prepare & Review Your Documents

    We’ll prepare your estate planning documents, meet with you to review each one, answer your questions, and ensure you understand how your plan works before signing.

  • 5

    Implement Your Plan

    Once your estate plan is implemented, you’ll have a coordinated estate plan designed to help protect your loved one’s future while preserving eligibility for important government benefits.

  • 6

    Keep Your Plan Up to Date

    As your assets, circumstances, or Arizona laws change, we’ll help you review and update your plan so it continues to accomplish your goals.

45+
Years Serving Arizona
9
Offices Statewide
3rd
Generation Family Firm
100%
Estate Planning Focus

What's included

Documents you receive.

  • Preserve Government Benefits

    Implement planning provisions to preserve eligibility for Medicaid, Supplemental Security Income (SSI), and other needs-based government benefits.

  • Coordinate Your Estate Plan

    Integrate your Special Needs Trust with your Revocable Living Trust and the rest of your estate plan.

  • Choose the Right Trustee

    Help you select trustees and successor trustees who can responsibly manage funds and support your loved ones over time.

  • Plan for Long-Term Care

    Address education, transportation, recreation, communication devices, travel, entertainment, and other quality-of-life needs.

  • Protect Vulnerable Beneficiaries

    Include planning strategies designed to help protect beneficiaries from financial exploitation and other risks.

  • Support Parents & Caregivers

    Create long-term plans for children and adults with disabilities that continue if a parent or caregiver can no longer provide support.

Why Phelps LaClair

A Personal Commitment to Special Needs Planning

Special Needs Planning is one of the most meaningful parts of our work. Our Special Needs Planning attorneys are deeply committed to helping clients with loved ones who have disabilities and are actively involved with community organizations that support them.

We take the time to learn about your loved one’s unique needs, the family’s goals, and the practical realities of future care rather than treating your plan as a standard document.

What it costs

Transparent Pricing You Can Count On

Custom Quote

Pricing depends on your individual needs, the complexity of your estate plan, and the planning required to protect your loved ones. We’ll provide a flat-fee quote during your free consultation, so you’ll know the cost before any work begins.

Common questions

Answers to Your Special Needs Planning Questions

  • Leaving money directly to someone who receives needs-based government benefits may affect their eligibility for programs such as Medicaid, Supplemental Security Income (SSI) and other needs-based government benefit programs. Special Needs Planning can help provide additional financial support while helping preserve access to those benefits.

  • A Special Needs Trust is a legal tool used in Special Needs Planning to hold and manage assets for the benefit of a person with disabilities. When properly designed, it can help preserve eligibility for certain government benefits while providing funds for supplemental needs that improve quality of life.

  • A Special Needs Trust can help pay for supplemental needs that government benefits may not cover, including education, transportation, communication devices, recreation, travel, computers, therapies, and other quality-of-life expenses.

  • You can choose a trustee to manage the trust and make distributions on behalf of your loved one. Selecting someone who understands your beneficiary’s needs can help ensure the trust is administered according to your wishes. A Special Needs Trust lawyer can help you choose the right trustee and structure the trust around your family’s long-term goals.

  • Yes. Government benefit rules can change over time. Reviewing your estate plan periodically helps ensure your Special Needs Planning continues to support your loved one’s long-term needs and planning goals.

  • No. Special Needs Planning is a comprehensive estate planning process that considers your loved one’s needs, your individual goals, and long-term care planning. A Special Needs Trust is one of the tools that may be utilized as part of the overall Special Needs plan.

This information is educational and not a substitute for advice from a licensed Arizona attorney.

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Personalized Guidance Starts Here

Meet with one of our attorneys to discuss your situation, your assets, and what matters most to you. We'll answer your questions and provide clear, upfront pricing with no obligation.

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