California Special Needs Trust Attorney

Protect Government Benefits While Providing Financial Support for a Loved One

special-needs-planningPlanning for a child or adult with special needs requires careful legal and financial preparation. A properly structured Special Needs Trust can help protect eligibility for important public benefits while improving a loved one’s quality of life.

Joseph McHugh has more than 30 years of experience helping families throughout California create Special Needs Trusts designed to preserve Medi-Cal, SSI, IHSS, and other public benefits.

Call Today for a Free Phone Consultation

(818) 241-4238

What Is A Special Needs Trust?

A Special Needs Trust (SNT) allows assets or funds to be held for the benefit of a disabled individual without disqualifying them from important government assistance programs.

These trusts are commonly used when a person with disabilities may receive:

  • An inheritance
  • A lawsuit settlement
  • Gifts from family members
  • Life insurance proceeds
  • Other financial assets

Without proper planning, receiving money directly could jeopardize eligibility for:

  • Medi-Cal
  • Supplemental Security Income (SSI)
  • In-Home Supportive Services (IHSS)
  • HUD housing assistance
  • Other needs-based government programs

Special Needs Planning for Families

Families often worry about how to provide financial security for a disabled loved one after parents or grandparents pass away.

Special Needs Trust planning can help ensure that assets are protected and managed responsibly while preserving public benefits eligibility.

Our office helps families create customized plans designed to:

  • Protect government benefits
  • Preserve family inheritances
  • Improve quality of life
  • Provide long-term financial support
  • Avoid disqualification from SSI or Medi-Cal

Cost-Effective Living Trust Planning With Built-In Special Needs Protection

Many families are surprised to learn that a Special Needs Trust can often be incorporated directly into a Revocable Living Trust.

This means parents or grandparents may not need to create a completely separate trust structure.

Benefits of This Approach May Include:

  • Lower legal costs
  • Simpler estate planning
  • Protection for disabled beneficiaries
  • Automatic trust creation after death
  • Easier long-term administration

When the trust creator passes away, the disabled beneficiary’s inheritance is directed into a Special Needs Trust established within the family trust.

This can be an effective and affordable planning solution for many California families.

Updating Existing Trusts

If you already have a living trust, our office may be able to update or restate the trust to include Special Needs Trust language.

This allows families to add important protections for disabled beneficiaries without starting over from scratch.
We regularly help parents, grandparents, and family members revise estate plans to better protect loved ones by receiving public benefits.

Types Of Special Needs Trusts In California

First-Party Special Needs Trusts

A First-Party Special Needs Trust is commonly used when a disabled individual under age 65 receives:

  • A personal injury settlement
  • An inheritance
  • Directly owned assets

These trusts may help preserve Medi-Cal and SSI eligibility while allowing trust funds to be used for supplemental needs.

Third-Party Special Needs Trusts

Third-Party Special Needs Trusts are typically created by:

  • Parents
  • Grandparents
  • Other family members

These trusts are designed to hold gifts or inheritances for a disabled beneficiary without affecting government benefits eligibility.

Special Needs Trust Benefits

A properly drafted Special Needs Trust may help:

  • Preserve SSI eligibility
  • Maintain Medi-Cal coverage
  • Protect IHSS benefits
  • Preserve housing assistance
  • Manage inherited assets responsibly
  • Improve long-term quality of life

Important SSI & Medi-Cal Asset Limits

  • SSI individual asset limit: $2,000
  • Medi-Cal asset limit beginning 2026: $130,000 for many programs

Assets held properly within a Special Needs Trust generally are not counted toward these limits.

Convenient Statewide Service Throughout California

Joseph McHugh and Kathy McHugh assist families throughout California using:

  • Zoom consultations
  • Phone meetings
  • Email communication
  • Mobile notary services
  • Secure document delivery

Many clients are able to complete the entire trust planning process from home.

Our office is conveniently located in Burbank and serves families statewide.

Schedule a Free Special Needs Planning Phone Consultation

If you want to protect a loved one’s Medi-Cal, SSI, or other public benefits while preserving family assets, contact our office today.

Call (818) 241-4238

We help California families create thoughtful Special Needs Trust plans designed to provide security, protection, and long-term peace of mind.