Greensboro Special Needs Trust Attorney

Protect Your Loved One’s Future With Thoughtful Planning

Caring for a child or adult with a disability comes with daily responsibilities and long term worries. Many families in Greensboro quietly wonder how to provide financial support without putting Supplemental Security Income or Medicaid at risk. A special needs trust can be an important way to protect both benefits and quality of life, and working with a special needs trust attorney helps you put the right structure in place.

At the Law Offices of Cheryl David, we work with parents, grandparents, and other relatives who want to make sure a loved one will be cared for even when they are no longer able to help in person. Our firm focuses on estate planning, including trusts, wills, Medicaid planning, guardianships, and powers of attorney, so you can address many related issues in one place. We are based in Greensboro, and our goal is to guide you through each step in a clear, manageable way.

Contact us today at (336) 717-0375 for more information about special needs trusts in Greensboro, NC.

What is a Special Needs Trust?

A special needs trust (sometimes called a supplemental needs trust) is a legal arrangement designed to hold assets for the benefit of a person with a disability without disqualifying them from means-tested government benefits. These benefits often include SSI and Medicaid, which have strict income and asset limits.

Assets placed in a properly structured special needs trust are not considered “countable resources” for benefit eligibility purposes. Instead of providing direct cash to the beneficiary, the trust allows a trustee to pay for approved supplemental expenses that improve the beneficiary’s quality of life—expenses that government programs typically do not cover.

A Greensboro special needs trust lawyer can help ensure the trust is drafted correctly under both federal law and North Carolina regulations. Even small drafting errors can put benefits at risk, making professional guidance essential.

Why Special Needs Trusts Matter for Families in Greensboro, NC

Many families assume that leaving money directly to a loved one with special needs is the best way to help. Unfortunately, an outright inheritance or financial gift can unintentionally cause the loss of SSI or Medicaid. In North Carolina, these benefits often provide access to essential medical care, long-term services, and community-based support.

Special needs trusts allow families to:

• Preserve eligibility for SSI and Medicaid
• Provide funds for non-covered expenses
• Coordinate long-term care and financial planning
• Reduce stress and uncertainty about the future

Working with a Greensboro special needs trust lawyer ensures your plan aligns with local rules and reflects your family’s unique goals.

Common Types of Special Needs Trusts

There is no one-size-fits-all solution when it comes to special needs planning. The right type of trust depends on where the assets come from and the beneficiary’s circumstances.

First-Party Special Needs Trust

A first-party special needs trust is funded with assets that belong to the individual with a disability. This may include a personal injury settlement, inheritance received outright, or accumulated savings. Under federal law, these trusts must include a Medicaid payback provision, meaning any remaining assets may be used to reimburse Medicaid upon the beneficiary’s death.

Third-Party Special Needs Trust

A third-party special needs trust is funded with assets belonging to someone other than the beneficiary, such as parents, grandparents, or other relatives. These trusts do not require a Medicaid payback provision, allowing remaining assets to pass to other family members after the beneficiary’s death. This is often the preferred option for parents planning their estate.

Pooled Special Needs Trust

A pooled trust is managed by a nonprofit organization and combines the funds of multiple beneficiaries for investment purposes while maintaining separate sub-accounts. Pooled trusts can be useful when the amount of assets is modest or when families prefer professional trust management.

A Greensboro special needs trust lawyer at Law Offices of Cheryl David can help you evaluate which option best fits your situation.

How a Special Needs Trust Can Improve Quality of Life

Special needs trusts are designed to supplement—not replace—government benefits. Trust funds can be used for a wide range of expenses, including:

• Education and vocational training
• Therapy and rehabilitation services
• Transportation and travel
• Personal care attendants not covered by Medicaid
• Recreational activities and hobbies
• Technology, computers, and adaptive equipment

By carefully managing distributions, the trustee can ensure the beneficiary enjoys a fuller, more comfortable life while maintaining essential benefits.

The Role of a Trustee

Choosing the right trustee is a critical part of special needs planning. The trustee is responsible for managing trust assets, making distributions, maintaining records, and ensuring compliance with benefit rules.

Trustees may be family members, trusted friends, or professional fiduciaries. A Greensboro special needs trust lawyer can help you understand trustee responsibilities and draft clear instructions to guide decision-making and avoid conflicts.

FAQs About Special Needs Trusts in Greensboro, NC

Will a special needs trust affect SSI or Medicaid eligibility?

When properly drafted and administered, a special needs trust should not affect eligibility for SSI or Medicaid. The trust must comply with federal and North Carolina rules to avoid being counted as a resource.

Can grandparents or other relatives contribute to a special needs trust?

Yes. Family members can contribute to a third-party special needs trust. This is often encouraged to prevent well-meaning gifts from accidentally disqualifying the beneficiary from benefits.

Do I need a lawyer to create a special needs trust?

While templates exist, special needs trusts are highly technical. Working with a Greensboro special needs trust lawyer helps reduce the risk of errors that could jeopardize benefits.

What happens to trust assets when the beneficiary passes away?

It depends on the type of trust. First-party trusts typically include a Medicaid payback requirement, while third-party trusts can distribute remaining assets to other named beneficiaries.

Can a special needs trust be changed later?

Some trusts are revocable, while others are irrevocable. An attorney can explain which structure best suits your needs and whether future modifications may be possible.

Talk With Our Team About a Special Needs Trust

Planning for a loved one with special needs can feel overwhelming, especially when you think about a future where you may not be there to help. You do not have to work through these decisions alone. A careful plan, created with guidance from a special needs trust lawyer Greensboro families can meet with in person, can provide structure and peace of mind.

At Law Offices of Cheryl David, we work to protect both your loved one’s public benefits and their quality of life by integrating special needs trusts into a broader estate plan. Our team in Greensboro is ready to listen, explain your options, and help you take practical steps toward a more secure future for your family member with disabilities.

To schedule a consultation with our team, call (336) 717-0375.