Special Needs Planning Lawyers in Hendersonville, NC

Careful legal planning is essential when a loved one depends on lifelong support. Our special needs planning attorneys in Hendersonville help families structure special needs trusts that secure funding for care and daily living expenses without putting Medicaid or Supplemental Security Income at risk. With the right plan, you can protect your family member's future financial stability and benefit eligibility.

mother and her special needs son hugging eachother outdoors

Creating Security for Your Child’s Tomorrow

Effective special needs planning goes beyond drafting documents—it requires a careful look at family relationships, resources, and what the future may hold. At Strauss Attorneys, PLLC, we work closely with parents to develop customized solutions that safeguard benefits, build lasting financial support, and ensure peace of mind for years to come.

How Special Needs Trusts Protect Access to Care

Medicaid and SSI are lifelines for individuals with disabilities, but their strict financial thresholds can put benefits at risk; even a modest gift or inheritance can cause disqualification.

A person with more than $2,000 in assets may lose eligibility in North Carolina. A Special Needs Trust (SNT) solves this problem by holding funds in a way that isn’t counted against the limit.

For instance, if a child inherits $100,000, depositing the money into an SNT preserves their Medicaid and SSI while also making funds available for supplemental care, therapies, and other personal needs the government does not cover.

Choosing the Right Special Needs Trust for Your Family

Special needs trusts come in several forms, each with its own advantages:

First-Party Trusts: Established with the beneficiary’s own money, such as a personal injury award. Medicaid must be repaid from any remaining balance after the beneficiary’s lifetime.
Third-Party Trusts: Funded by relatives or friends. These trusts are not subject to Medicaid payback, giving families flexibility to direct unused assets to other loved ones.
Pooled Trusts: Overseen by nonprofit organizations, these trusts allow families to pool resources for investment while keeping separate sub-accounts. They are often the most affordable choice for smaller estates.

With thoughtful planning, our Hendersonville special needs attorneys help you secure benefits, preserve resources, and provide lasting peace of mind for your loved one.

The Process of Creating a Special Needs Trust in North Carolina

Because SNTs are irrevocable, thoughtful planning is essential. Our attorneys make sure every decision supports your child’s long-term well-being:

Consultation & Assessment

We review your child’s current and future needs, available resources, and your goals for their care.

Drafting the Trust

Our attorneys prepare a tailored document that complies with North Carolina and federal law.

Selecting a Trustee

We assist in choosing someone who will responsibly manage funds and follow your instructions.

Funding the Trust

We help structure contributions, whether through life insurance, gifts, or existing assets.

Secure Your Child’s Future With Experienced Guidance

The future of a loved one with special needs depends on careful planning. A Special Needs Trust ensures they receive both the financial support and government benefits they rely on. At Strauss Attorneys, PLLC, our special needs planning lawyers in Hendersonville understand the regulations and practical steps required to establish these trusts correctly. We’ll help you build a plan that fits seamlessly into your broader estate strategy. Contact us today to arrange a consultation and start planning with confidence.