Special Needs Trust Attorney in Fayetteville, NC

If you have a loved one with a disability who receives—or may one day rely on—Supplemental Security Income (SSI) or Medicaid, leaving money to them directly could affect their eligibility for those benefits.


A Special Needs Trust is designed to help avoid that problem. It allows assets to be managed for the benefit of a person with a disability while helping preserve eligibility for important public benefit programs.


Ashley McDuffie Law Firm helps families throughout Fayetteville, Lumberton, and Raeford create Special Needs Trusts that provide financial support while protecting the benefits their loved ones depend on.

DWLR Following a DWI-Related Revocation

If your license was originally revoked because of a DWI-related offense, driving during that revocation is generally charged as a Class 1 misdemeanor.


Although this page doesn't address DWI defense, it's important to understand why this classification carries more serious penalties than a standard DWLR charge.

What Is a Special Needs Trust?

A Special Needs Trust, sometimes called a Supplemental Needs Trust, is a legal trust created to hold assets for the benefit of a person with a disability.



Instead of giving money directly to the individual, the trust owns and manages those assets according to the terms of the trust agreement. When properly established and administered, the trust can provide financial support while helping preserve eligibility for programs such as SSI and Medicaid.


The purpose isn't simply to leave an inheritance—it's to improve a loved one's quality of life without unintentionally affecting the public benefits they rely on.

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What Can a Special Needs Trust Pay For?

Government benefit programs often cover basic needs, but they don't pay for everything.



Depending on the terms of the trust and applicable program rules, a Special Needs Trust may help pay for expenses such as:


  • Educational opportunities
  • Recreation and hobbies
  • Transportation
  • Personal technology and electronics
  • Clothing and personal items
  • Travel
  • Other quality-of-life expenses that support the beneficiary's well-being


Every trust should be tailored to the beneficiary's needs and the family's goals.

When Should a Special Needs Trust Be Considered?

Families create Special Needs Trusts for many different reasons, but two situations are especially common.


Planning for a Child or Family Member With a Disability

Parents, grandparents, and other relatives often want to provide financial support without placing essential public benefits at risk.


A Special Needs Trust allows loved ones to leave assets in a way that supports the beneficiary while helping preserve eligibility for SSI and Medicaid.


Receiving Settlement Proceeds

Sometimes a person with a disability receives money through a personal injury settlement or another legal recovery.



Rather than receiving those funds directly, a Special Needs Trust may allow the money to be managed appropriately while helping protect eligibility for public benefits. The appropriate planning depends on the individual's circumstances and the source of the funds.

Is This Only for Wealthy Families?

Not at all.



Many families assume trusts are only useful for people with substantial wealth. In reality, Special Needs Trusts are often most valuable for families of modest means because preserving SSI and Medicaid eligibility is so important.


Whether you're planning to leave a modest inheritance or managing a larger estate, the goal is the same: providing financial support without unintentionally disrupting essential benefits.

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Planning for the Future

Creating a Special Needs Trust is about more than transferring assets.



Many families also prepare a Letter of Intent, which isn't a legal document but can provide valuable guidance for future caregivers. It may include information about daily routines, medical care, preferences, support services, and other details that help maintain continuity of care.


Together, thoughtful legal planning and practical guidance can help provide stability for your loved one long into the future.

Why Work With Ashley McDuffie?

Planning for a loved one with a disability requires careful consideration of both estate planning and public benefit rules.



Ashley McDuffie has more than 20 years of legal experience and is a member of the National Association of Elder Law Attorneys (NAELA), reflecting her commitment to elder law and long-term planning.


She takes time to understand your family's goals, explain your options in plain language, and develop a plan that supports your loved one's future.

Related Estate Planning Services

A Special Needs Trust is often one part of a broader estate plan.

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Wills

Coordinate your will with your Special Needs Trust so gifts are distributed according to your wishes.

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Trusts

Learn more about the different types of trusts used in estate planning.

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Estate Planning

See how wills, trusts, Powers of Attorney, and other planning tools work together to protect your family.

Special Needs Trust Questions

  • How do I leave money to a child with a disability without affecting SSI or Medicaid?

    A properly established Special Needs Trust may allow assets to be held for your loved one's benefit while helping preserve eligibility for programs such as SSI and Medicaid. The right approach depends on your family's circumstances and the source of the funds.

  • What is a Supplemental Needs Trust?

    A Supplemental Needs Trust is another name commonly used for a Special Needs Trust. Both refer to a trust designed to provide financial support while helping protect eligibility for certain public benefits.

  • What can a Special Needs Trust pay for?

    Depending on the trust and applicable program rules, it may help pay for education, recreation, transportation, personal items, technology, and other expenses that improve quality of life.

  • Can a Special Needs Trust receive settlement money?

    In some situations, yes. Settlement proceeds may require specialized planning, and the appropriate type of trust depends on the circumstances. An attorney can help determine the right approach.

  • Is a Special Needs Trust only for wealthy families?

    No. Many families who create Special Needs Trusts do so because preserving SSI and Medicaid benefits is essential, regardless of the size of the estate.

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Let's Plan for Your Loved One's Future

Planning for a family member with a disability is about providing support, stability, and peace of mind.



Ashley McDuffie Law Firm helps families throughout Fayetteville, Lumberton, Raeford, and surrounding communities create Special Needs Trusts that protect important benefits while supporting the people they love.