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Special Needs & Incapacity Planning—Protecting Futures, Preserving Benefits
Whether you’re caring for a loved one with disabilities or facing a diagnosis yourself, thoughtful planning is key. Lemmon & Hale helps families across Virginia establish special needs trusts, prepare for incapacity, and secure government benefits—so you can face the future with confidence.
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Special Needs Trusts—Safeguard Benefits, Enrich Lives
A Special Needs Trust (SNT) allows you to set aside money or property for a person with disabilities without disqualifying them from essential government benefits like Medicaid or SSI.
- First-Party SNTs: Funded by the disabled person’s own assets (e.g., an inheritance or settlement). Subject to Medicaid payback at death.
- Third-Party SNTs: Funded by parents, grandparents, or others. No Medicaid payback—ideal for family gifts or inheritances.
Example: A grandparent wants to leave funds to a grandchild with autism. We create a third-party SNT—ensuring the gift supports the child’s quality of life, while public benefits stay intact.
We draft trusts, advise trustees, and update plans as needs and laws change.
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ABLE Accounts—A Flexible Supplement
Virginia ABLE accounts allow individuals with disabilities to save up to $17,000/year (2024 limits) without losing benefits. They work well for smaller savings or daily expenses, and can complement an SNT for broader protection and flexibility. We explain the pros and cons of each tool to fit your situation.
Planning for Incapacity—For Yourself or a Loved One
If you’re facing a progressive illness like Alzheimer’s or MS, early legal planning gives you control. We help clients:
- Update estate documents (POAs, living trusts) while you have capacity
- Complete detailed advance medical directives (“living wills”) that reflect your care wishes
- Appoint trusted decision-makers—so your finances and healthcare are in good hands
- Plan for transitions (like moving assets to a trust for easier management as needs evolve)
We also support families planning for long-term care—coordinating with medical and care professionals as needed.
Life Care, Advocacy & Long-Term Support
Our service doesn’t end at document signing. We’re here for the long haul, helping you:
- Navigate public benefits like Medicaid waivers or SSI
- Update plans as laws or family needs change
- Provide guidance to trustees, future caregivers, and advocates
- Draft Letters of Intent—non-legal documents to guide caregivers on daily routines and wishes
If your loved one relies on your advocacy, we help build a care team—naming trusted relatives, friends, or professionals to step in as future champions.
FAQs—Special Needs & Incapacity Planning
How does a special needs trust work in Virginia?
It shields assets for a disabled individual while preserving benefits. We set up and customize the trust to your family’s situation.
Will an inheritance jeopardize my child’s benefits?
Not with the right planning. A properly drafted SNT keeps benefits in place, so inheritances are a blessing, not a burden.
What’s the difference between an SNT and an ABLE account?
SNTs handle larger assets and complex needs; ABLE accounts are best for smaller, day-to-day funds. We help you use both, if appropriate.
How do I plan legally after an Alzheimer’s diagnosis?
Early planning allows you to express wishes, designate decision-makers, and protect assets before capacity is lost. We help you complete all essential documents and trusts.
Can I appoint someone to care for my disabled sibling if I’m gone?
Yes. Through trusts, POAs, and Letters of Intent, we formalize your wishes and put the right people in place for ongoing advocacy.
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Secure Your Loved One’s Future—Start Planning Today
With Lemmon & Hale, your special needs or incapacity plan isn’t just paperwork—it’s a legacy of care. Let us help you build a system that protects, supports, and empowers those you love, for years to come.
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