Special Needs Planning in Concord

Coordinate Long-Term Support for a Loved One with a Disability

A sound special needs plan coordinates financial support, public-benefit eligibility, and legal authority around one person’s circumstances. Black, Boone & Brasch P.A. creates customized special needs trusts for individuals with physical, cognitive, or developmental disabilities. We’ve served North Carolina residents since 1994, including families in and around Cabarrus County seeking special needs trust services.

Our work extends beyond drafting a single document. We assess eligibility, identify an appropriate trust structure, prepare the documents, and provide guidance on ongoing administration.

Schedule a free initial consultation with our Concord special needs trust attorney by calling (980) 255-5242.

Protecting SSI & Medicaid Eligibility

A special needs trust can hold assets for a beneficiary with a disability while preserving access to needs-based public benefits such as Supplemental Security Income (SSI) and Medicaid. Because these programs apply financial eligibility rules, an inheritance or other assets received directly by the beneficiary can affect continued eligibility.

The trust alone doesn’t resolve every benefits issue. The source of the funds, the trust terms, the beneficiary’s circumstances, and the way distributions are made all influence how its assets interact with SSI and Medicaid. We consider each factor as part of the broader plan.

Types of Special Needs Trusts in Concord

First-party, third-party, and pooled trusts serve different purposes. The appropriate structure depends in part on who owns the assets that will fund it and which rules apply.

First-Party Special Needs Trusts

A beneficiary-funded trust holds assets belonging to the beneficiary, such as a direct inheritance or funds already titled in that person’s name. It generally must include a Medicaid payback provision directing remaining assets toward reimbursement of qualifying Medicaid expenses after the beneficiary’s death.

When the beneficiary is a minor or an adult who has been adjudicated incompetent, creating and funding this type of trust may require authorization from the Clerk of Superior Court under North Carolina General Statute 35A-1121. The need for court involvement depends on the beneficiary’s legal status and the proposed transaction.

Third-Party Special Needs Trusts

A trust funded by parents, grandparents, or others can receive assets during the funder’s lifetime or through an estate plan. Because the assets don’t belong to the beneficiary, a properly structured trust of this kind doesn’t require Medicaid payback.

Pooled Special Needs Trusts

A pooled trust maintains separate accounts for beneficiaries with disabilities within a shared structure administered by the organization responsible for the pool. These arrangements are governed by Chapter 36D. This option may fit the beneficiary’s assets and circumstances, but it isn’t right for every family.

Coordinating the Trust with Your Estate Plan

Special needs planning determines how assets should pass through wills and trusts for a family member with a disability. Leaving assets directly to that person can undermine a carefully prepared plan, while naming a properly drafted trust provides a structure for receiving and managing the inheritance.

Our Wills and Estates practice prepares wills, trusts, and powers of attorney, including plans involving high-net-worth estates. We coordinate these documents with the special needs trust so they work together to manage family assets and establish appropriate legal authority.

A trustee must also meet recordkeeping and reporting obligations under state trust law. We provide guidance on ongoing trust administration so trustees understand the terms governing distributions and their administrative responsibilities.

Guardianship & Other Forms of Legal Support

Trust funding and authority over personal affairs are separate legal questions. A trustee manages trust assets, but that appointment doesn’t necessarily authorize the trustee to make the beneficiary’s personal, medical, or other legal choices.

We handle guardianship of the person, guardianship of the estate, and general guardianship matters in Cabarrus County. These proceedings are heard by the Clerk of Superior Court in the county where the individual resides. Courts can limit a guardian’s authority so the individual retains as much independence as possible.

We also consider less restrictive alternatives, including durable powers of attorney, before pursuing full guardianship when appropriate. The available options depend on the individual’s capacity, existing documents, and level of needed support.

Using an NC ABLE Account Alongside a Trust

An NC ABLE account is separate from a special needs trust. It allows an eligible person with a disability to save for qualified disability expenses while maintaining Medicaid, Supplemental Security Income, and other public benefits, subject to program rules.

Beginning January 1, 2026, eligibility includes individuals whose disability began before age 46. The 2026 annual contribution limit is $20,000 from all sources. An eligible working account owner can contribute an additional amount up to the lesser of earned income or $15,650, creating a potential total contribution of $35,650 for 2026.

North Carolina law prohibits Medicaid recovery from money remaining in an NC ABLE account when the account holder dies unless federal law requires it. Families may use an account alongside a trust, but the two tools have different ownership, contribution, and spending rules.

Our Special Needs Trust Planning Process

We begin by reviewing the beneficiary’s circumstances, assets, current benefits, and intended funding source. This assessment helps us identify suitable trust structures and determine whether the family should also consider estate-planning documents or arrangements for personal and legal decisions.

Our planning work can include:

• Assessing eligibility and circumstances affecting public benefits
• Selecting an appropriate trust structure
• Drafting customized special needs trust documents
• Coordinating wills, trusts, and powers of attorney
• Providing guidance on ongoing trust administration

Our attorneys and experienced support staff emphasize customer service throughout the process. We provide prompt, courteous, and professional service, along with clear information about each legal tool under consideration.

Discuss Your Family’s Special Needs Plan

We offer a free initial consultation for families considering special needs planning in Concord. Planning costs depend on the family’s circumstances, required documents, and the complexity of the work, so the consultation is an opportunity to identify the potential scope before moving forward.

We serve families from Concord, Charlotte, and surrounding areas through consultations available by phone or through our contact form.

Call (980) 255-5242 to schedule your free initial consultation with Black, Boone & Brasch P.A.