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Special Needs Trust

Special Needs Trust Lawyers in Concord, NC

Families with loved ones who have disabilities face unique challenges, especially when it comes to long-term care, financial planning, and access to government benefits. A special needs trust (SNT) is a valuable legal tool that allows you to support a person with special needs without jeopardizing their eligibility for critical public benefits like Supplemental Security Income (SSI) or Medicaid.

At Black, Boone & Brasch P.A., we work with families to create customized special needs trusts that provide security, dignity, and quality of life for individuals with physical, cognitive, or developmental disabilities. Our firm has served clients in and around Cabarrus County and the surrounding areas with this service for over 30 years. 

Reach Black, Boone & Brasch P.A. online or at (980) 255-5242 to request a free initial consultation with a Concord Special Needs Trust attorney today. 

Understanding Special Needs Trusts in North Carolina

A special needs trust is a specific type of legal trust designed to hold and manage assets to benefit an individual with a disability. The trust supplements, rather than replaces, government assistance by covering expenses not provided by public benefits. 

These expenses may include: 

  • Medical care
  • Therapy
  • Education
  • Recreation
  • Transportation
  • Personal services

Because the assets in a properly structured SNT are not considered owned by the beneficiary, they are not counted toward the asset limits for SSI, Medicaid, and other means-tested programs. 

This allows the beneficiary to maintain eligibility for essential services while enjoying additional support and a higher standard of living.

Types of Special Needs Trusts

Several types of special needs trusts are available, each with its own purpose and funding source:

  • First-party (self-settled) SNT – Funded with the beneficiary’s own assets, such as a personal injury settlement or inheritance. These trusts must include a Medicaid payback provision upon the beneficiary’s death.
  • Third-party SNT – Funded with assets belonging to someone other than the beneficiary, such as parents or grandparents. These are often used in estate planning and do not require payback to Medicaid.
  • Pooled SNT—Managed by a nonprofit organization, this SNT combines resources from multiple beneficiaries for professional management. It can be a practical option for smaller amounts or when a professional trustee is preferred.

When Is a Special Needs Trust Appropriate?

A Special Needs Trust is often the right choice when:

  • A loved one has a permanent or severe disability
  • You want to provide financial support without disqualifying them from government programs
  • You are planning your estate and want to leave an inheritance responsibly
  • A beneficiary is receiving a legal settlement or award
  • A family member can no longer provide direct care or financial oversight

Without an SNT, even modest financial gifts or inheritances could unintentionally disqualify a person from vital benefits, creating stress and hardship. A trust helps avoid this risk by creating a legally secure support method.

How Black, Boone & Brasch P.A. Helps with Special Needs Trusts

Establishing a special needs trust requires careful planning and legal knowledge. Our firm guides families through every step—from assessing eligibility and choosing the correct type of trust to drafting the document and assisting with ongoing trust administration.

We tailor each trust to meet your goals and your loved one's unique needs. Our goal is to give families peace of mind by protecting the well-being of individuals with disabilities, both now and in the future.

If you have someone with special needs or need to plan your estate with their well-being in mind, we offer thorough, trusted, and compassionate legal assistance with this vital planning service.  

Contact us online or at (980) 255-5242 to speak with a Special Needs Trust attorney in Concord today. 

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