If you’re a parent or caregiver of a loved one with special needs, I know one of your biggest questions is this:
“What will happen when I’m no longer here to take care of them?”
It’s a question filled with emotion—and one that’s hard to answer without the right plan in place. But the good news is, there is a way to provide for your loved one’s future while protecting the benefits they depend on.
That’s where a special needs trust comes in—and why working with a special needs trust lawyer in Cincinnati is so important.
What Is a Special Needs Trust?
A special needs trust (often called an “SNT”) is a legal tool that helps families provide financial support to a loved one with a disability without putting their government benefits at risk.
Here’s the catch: programs like Medicaid and Supplemental Security Income (SSI) have strict asset limits—usually around $2,000. That means if your loved one receives an inheritance or a financial gift directly, they could lose these essential benefits.
A special needs trust solves that problem. It holds assets outside of the beneficiary’s name, and a trustee manages the money for their benefit. This allows your loved one to enjoy a better quality of life—without worrying about losing vital support.
Three Main Types of Special Needs Trusts
Let’s quickly break down the most common types of special needs trusts we use here in Ohio:
1. First-Party Special Needs Trust (Payback Trust)
•Funded with the beneficiary’s own money (like a lawsuit settlement or inheritance)
•Must be created before age 65
•Any remaining funds must repay Medicaid upon the beneficiary’s death
2. Third-Party Special Needs Trust
•Funded by someone else (like a parent or grandparent)
•Doesn’t require Medicaid payback
•Often used for estate planning purposes to protect a child’s inheritance
3. Pooled Trust
•Managed by a nonprofit organization
•Funds are “pooled” with other beneficiaries but tracked separately
•Great for families with limited assets or no private trustee available
A special needs trust lawyer in Cincinnati can help you determine which type is right for your family’s situation.
Why a Special Needs Trust Matters
When set up correctly, a special needs trust does more than protect government benefits—it opens the door to a better, more secure future.
It preserves public benefits
Your loved one won’t lose their Medicaid, SSI, or housing assistance just because they received money or support.
It provides for life-enhancing needs
Funds from the trust can pay for:
•Education and tutoring
•Personal care services
•Travel and entertainment
•Therapy, assistive technology, and more
It protects your loved one from financial abuse
Because a trustee manages the funds, it reduces the risk of mismanagement or exploitation.
Why You Need a Special Needs Trust Lawyer in Cincinnati
I’ve seen too many families try to “DIY” a trust or use a generic form they found online—and end up causing real harm. These trusts are very specific and must follow both federal and Ohio state laws.
Here’s how I can help as your local special needs trust lawyer:
•Customize the trust to meet your family’s unique needs and goals
• Navigate Ohio-specific rules and benefit programs
•Coordinate with other planning tools, like STABLE accounts, guardianship, and estate plans
•Help you choose the right trustee and structure distributions wisely
•Avoid costly mistakes that could jeopardize your loved one’s benefits
What the Process Looks Like
Setting up a special needs trust doesn’t have to be overwhelming. Here’s what you can expect when working with our firm:
1.Initial Consultation – We sit down and talk through your situation, goals, and questions.
2.Planning and Design – We create a trust that’s tailored to your loved one’s current and future needs.
3.Legal Drafting – We prepare all documents and walk you through them step by step.
4.Funding and Finalization – We help make sure assets are properly placed into the trust.
5.Ongoing Support – As your family’s needs evolve, we’re here to update your plan as needed.
Let’s Plan for Peace of Mind
If you’re reading this, it means you care deeply about your loved one’s future. And that’s exactly why planning ahead is so important.
Working with a special needs trust lawyer in Cincinnati ensures you’re doing everything you can to provide long-term financial protection, independence, and quality of life for the person you love.
Let’s build a plan that gives you peace of mind—knowing they’ll be cared for no matter what the future holds. Contact our office to schedule your consultation.