When a family member has a disability, you want to provide for them. But leaving them an inheritance could disqualify them from SSI, Medicaid, or other government benefits
At DeMott Law Firm, P.A., we create special needs trusts and disability planning strategies that preserve government benefits while giving your loved one financial security and a better quality of life. With over 30 years of experience serving South Carolina families, we guide you through every decision with clarity, compassion, and a commitment to getting it right.
A direct gift to a loved one with disabilities can disqualify them from Supplemental Security Income (SSI) and Medicaid. These benefits often cover housing, food, medical care, and the therapies they rely on every day.
Once disqualified, they may have to spend down the inheritance to regain eligibility. That leaves them right back where they started. The financial security you worked hard to build could disappear in months, along with access to the care they need most.
A supplemental needs trust holds assets for a disabled beneficiary without counting against their eligibility for government benefits. The trust can pay for quality-of-life expenses that Medicaid and SSI don't cover:
Your loved one keeps access to SSI and Medicaid while enjoying a richer, more independent life.
As your special needs trust attorney, we draft the trust to meet South Carolina and federal requirements, help you name a responsible trustee, and build in protections that last for your loved one's lifetime.
For some families, ABLE account planning can also be a helpful tool. An ABLE account allows people with disabilities to save money for qualified expenses without losing benefits. We can help you decide if an ABLE account makes sense alongside a special needs trust.
We start with a consultation to learn about your loved one's disability, their current benefits, and your vision for their future. We'll review any existing estate planning documents and identify gaps or risks. This conversation helps us recommend the right tools: a trust, ABLE account, or other strategies.
We prepare a supplemental needs trust tailored to your loved one's situation. The trust will comply with SSA and South Carolina Medicaid rules. We'll help you choose a trustee, define how funds can be used, and protect assets from creditors or divorce. You'll review every provision and ask as many questions as you need. We want you to feel confident in every decision.
Don't leave your loved one's future to chance. A special needs trust can protect their benefits, preserve their dignity, and give you peace of mind.
Call DeMott Law Firm, P.A. at (843) 695-0830 or request a consultation online to discuss special needs planning solutions that fit your family's goals.
