Elder Law lawyers in Spartanburg Greenville Upstate SC, Elder Law Lawyer, wills contests, power of attorney, Medicaid planning, guardianship, conservator actions

Elder Law: Disability & Special Needs Planning Lawyer

Disability & Special Needs Law Attorney – Spartanburg & Greenville, SC

Since 1985, our Elder law and estate planning lawyer at Smith & Haskell Law Firm, LLP has assisted families in navigating the complex issues in the areas of Disability and Special Needs Law and estate planning for adults and minor children in Spartanburg, Greenville and throughout the Upstate of South Carolina.  Our Disability and Special Needs Planning Lawyer works with families with disability and special needs planning issues to develop solutions that address long-term financial stability and ensure that your loved ones are cared for when you are no longer there.

Establish a Disability & Special Needs Plan

If you have a disabled or special needs family member the establishment of a special needs plan is essential.  Without proper special needs planning, transferred assets, inheritance or gift could render your disabled loved one ineligible for government benefits. Our disability and special needs law attorney can help avoid such an outcome by helping you develop and establish a solution such as a special needs trust or other asset protection plan.

Special Needs Trusts

Our disability and special needs planning attorney can assist in establishing a Special Needs Trust.  A Special Needs Trust, also referred to as a Supplemental Needs Trust is an Irrevocable Trust. The purpose of the Trust is to provide funds to a disabled or special needs beneficiary without disqualifying him or her from qualifying or receiving government assistance through federal and state programs such as Medicare, Medicaid and Social Security Disability.  The assets are transferred to the Trust at the time it is created, during the lifetime of the Settlor who created and funded the Trust, or by the Settlor’s will at the Settlor’s death.

In order for the Trust to qualify as a Special Needs Trust, the beneficiary must not have any right to the income or principal from the Trust without the approval of the Trustee. In turn, the Trust is forbidden under the terms of the Trust to distribute funds if the disbursal would disqualify the beneficiary from receiving government assistance.

Special Needs Trusts are intended to enrich the disabled person’s life by funding the purchase of quality of life and luxury items that are excluded, not permitted or covered by the government program. Special Needs Trusts may provide funds for housing, education, certain medical procedures, recreational activities and travel.

If you have a disabled or special needs family member, we encourage you to contact the experienced special needs trust attorney at the Smith and Haskell Law Firm for an initial consultation to discuss your options and consider establishing a Special Needs Trust for the benefit of your child.  A properly executed special needs trust can assist in insuring the quality of life and financial stability of your loved one continues after you are no longer there.

Effective & Experienced Disability & Special Needs Law Attorney

We provide a broad range of services to assist in family planning and protection for the needs and future of disabled individuals and special needs.  Contact an experienced Disability Law Attorney and/or Special Needs Lawyer today to help you successfully navigate the complex laws and broad array of legal planning solutions.  Our disability and special needs legal services include:

  • Estate planning, trust planning and planning for government program benefits such as Medicaid, SSI;
  • Special Needs Trust preparation and drafting, including third party-type special needs trusts and first party (D4A)-type special needs trusts.
  • Trust implementation services
  • Asset Protection Planning including inherited assets, estates, other trusts, life insurance policies and/or retirement accounts.
  • Asset Protection planning of assets acquired because of accident or injury, such as assets obtained via settlement, structured settlement or judgment.
  • Probate Court representation, including in guardianships, conservatorships, estate planning petitions and other proceedings.
  • Tax planning
  • Trustee consultation and advisement concerning roles, responsibilities, duties, authorities and legal obligations.

Consult a Disability Attorney / Special Needs Planning Lawyer in Spartanburg & Greenville, South Carolina

Our Disability and Special Needs Planning Attorney will assist you in developing a comprehensive legal plan that will address the long-term financial stability and ensure that your loved ones are cared for when you are no longer there. Don’t wait to plan, contact a disability and special needs planning attorney at the Smith & Haskell Law Firm, LLP to discuss your disability and special needs planning requirements today at 864.585.5021 or online to schedule an appointment.


Property Transfers & Asset Protection Attorney Edwin C. Haskell III Spartanburg & Greenville SC | Martindale-Hubble Top Rated Lawyers™ | AV Preeminent Rating® for Best Lawyers in South Carolina

The Total Advocacy Firm” Since 1926 | Serving the UpState of South Carolina | Spartanburg County | Greenville County | Anderson County | Chester County | Laurens County | Pickens County | Richland County | York County | Cherokee County | Union County | Oconee County