Attorney James Baron, Massachusetts and New Hampshire Special Needs Estate Planning Lawyer

Special Education Law and Special Needs Estate Planning

Special Needs Estate Planning

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As the parent of a special needs child, you understand all too well that your child's needs don't stop at the schoolhouse door, nor do they stop when your child graduates high school.  It is extremely important that you plan as early as possible for the many issues that might arise if you pass away or become incapacitated.  For example:


  • Who will take care of your child?
  • Who will make medical decisions for your child? Legal decisions? Financial decisions? Educational decisions?
  • What is the best way to leave money or other property to your child?
  • How can you maximize your child's eligibility for "public benefits" that might be available?

Please call my office, at (781) 209-1166, to discuss your specific situation in more detail.
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What differentiates a Special Needs Estate Plan from a "Regular" Estate Plan?

Public Benefits.  A Special Needs Estate Plan will have much of what is in a regular estate plan:  Will, Health Care Proxy, Advance Directive, Durable Power of Attorney, HIPAA Release, and perhaps regular trusts.  A Special Needs Estate Plan will likely have an additional type of trust - a Special Needs Trust - which is intended to maximize a disabled individual's eligibility for public benefits.  There are several types of Special Needs Trusts, such as Self-Funded, D4A, D4C, and Third Party trusts.  If you have any questions, please call my office - I would be happy to discuss your situation in more detail.

What are "Public Benefits?"


The term "Public Benefits" refers to financial assistance that is available from state and federal government agencies to help support disabled individuals.  There are many programs, each with its own income and asset requirements.  Planning is vital to ensure that your child will qualify for the maximum possible available benefits.  Here are some of the more common programs that you might want your special needs child to qualify for:

  • SSI (Supplemental Security Income); 
  • SSDI (Social Security Disability Income);
  • Medicaid (MassHealth);
  • Kaileigh Mulligan Program
  • EAEDC (Emergency Aid to the Elderly, Disabled, and Children).
Please call my office, at (781) 209-1166, to discuss your specific situation in more detail.



































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