Special Needs Planning

Do you have a loved one with a disability?

  • Special needs trusts (or supplemental needs trusts) allow a person living with disabilities to inherit or receive funds to improve their quality of life — without losing access to vital government benefits.

  • Benefits programs like SSI and Medicaid have strict asset and income requirements. A special needs trust is structured so that it is not “countable” by the government agencies that determine eligibility. This allows your loved one to have funds used to improve their quality of life.

  • During your lifetime, your loved one may rely on you to provide for them in ways their benefits alone cannot. If you die and leave them an inheritance outright, the new funds could cause them to lose access to income and healthcare.

  • Many families set up special needs trusts in their wills, so that the trust is created and funded at death. Others prefer setting up a standalone SNT so that they and others can contribute to it during their lifetimes. We will discuss all your options, so that you know your loved one is protected.

Let us help you ensure they’re protected no matter what.

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Helping to Keep Your Family Secure

  • Don't Put Public Benefits at Risk

    Qualifying for public benefits like SSI (Supplemental Security Income) and Medicaid can be complicated, but these benefits are often essential for long-term care and financial stability. Over a lifetime, they can be worth hundreds of thousands—or even millions—of dollars for individuals with disabilities and their families.

    Because SSI and Medicaid have strict income and asset limits, receiving an inheritance or settlement directly can cause someone to lose eligibility. In some cases, families try to avoid this by leaving a loved one out of a will, which can lead to unintended financial and personal challenges.

    At Bertsch & Boze Elder Law, PC, we help families protect eligibility by creating Special Needs Trusts that allow loved ones to receive financial support without losing access to important public benefits.

  • Types of Special Needs Trusts We Prepare

    At Bertsch & Boze Elder Law, PC, we help families create Special Needs Trusts tailored to protect benefits and support long-term care. We regularly prepare:

    First-Party Special Needs Trust
    Funded with the beneficiary’s own assets, this trust is designed for individuals under 65 who are disabled. Funds are managed within the trust, and any remaining balance may reimburse the State of Texas for Medicaid benefits.

    Third-Party Special Needs Trust
    Funded by parents, grandparents, or other loved ones, this trust helps preserve public benefits while providing additional support. There are no age limits, and remaining funds pass according to the grantor’s wishes.

    Pooled Special Needs Trust (The Arc of Texas) Managed by The Arc of Texas, this option offers a more affordable alternative for individuals under 65, especially those funding a trust with a smaller inheritance or settlement.

  • Why Supplemental Needs Trusts Are Critical

    Planning for a loved one with a disability requires thoughtful preparation. Without the right plan, even well-intentioned inheritances can disrupt eligibility for important public benefits like SSI and Medicaid. A Special Needs Trust allows your loved one to receive financial support while preserving access to these essential programs.

    Families in San Antonio and the surrounding areas rely on our team to guide them through these decisions. With the right trust in place, your loved one can use funds for education, medical care, and quality-of-life expenses while maintaining eligibility for public benefits.

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Real Impact 

A short look at how Supplemental Needs Trusts help families plan for the future. Contact our team to discuss options for your family.