Special Needs Trust Attorney In Arlington County, Virginia
Navigating the future for a loved one with special needs brings unique considerations, especially concerning their financial well-being and access to essential support. In Virginia, state law provides mechanisms like special needs trusts (SNTs) to help families secure a stable future without jeopardizing crucial government benefits.
At NOVA Estate Planning, PLLC, we understand how sensitive and personal these decisions can be. Our team, which serves Arlington, Fairfax, Loudoun counties and Alexandria, has years of focused experience designing these plans. We offer free initial consultations, and attorney Jonathan D. Cox personally handles each case to help ensure clarity, consistency and peace of mind.
What Is A Special Needs Trust, And Why Does It Matter?
A special needs trust is a legal tool designed to provide financial support for a person with disabilities without jeopardizing their access to essential government benefits. These trusts allow families to set aside funds for their loved one’s care while ensuring compliance with Virginia’s eligibility rules for programs like Medicaid. For families in Arlington County, this means securing a stable future for those who need it most. The purpose is to enhance the quality of life without losing critical support.
How Special Needs Trusts Preserve Government Benefit Eligibility
Public benefits such as Medicaid and SSI are need-based, which means owning too many assets can disqualify a person from receiving them. A special needs trust acts as a holding fund for assets, allowing individuals to receive gifts, inheritance or legal settlements without risking these benefits. These trusts are structured in a way that funds are only used for approved supplemental needs.
The proper setup helps ensure that funds do not count as direct resources of the disabled person, preserving their access to:
- Medicaid health coverage
- SSI monthly income support
- Waiver services and housing assistance
Setting this up correctly from the beginning is crucial to avoid costly errors and unintended disqualification.
What Are The Types Of Special Needs Trusts Available In Virginia
There are several types of special needs trusts recognized in Virginia, each suited for specific situations:
- First–Party SNT: Funded with the disabled individual’s own money (for example, from a personal injury settlement)
- Third-Party SNT: Created and funded by family members, such as parents or siblings, to provide supplemental support.
- Pooled SNT: Managed by a nonprofit, pooling funds for multiple beneficiaries while maintaining individual accounts.
Each trust type has unique requirements and legal steps. It is therefore critical to select the appropriate one for your family’s situation. Well, you do not have to do that on your own because our lawyer has the legal skills it takes to help ensure the correct option is pursued.
Key Benefits Of Establishing A Special Needs Program In Arlington County, Virginia
Setting up a special needs trust in Arlington County, Virginia, offers several long-term benefits:
- Helps preserve access to Medicaid and SSI
- Offers supplemental funds for education, recreation or medical care
- Protects assets from creditors or financial abuse
- Allows a trusted individual or organization to manage assets responsibly
Overall, we believe that when the right plan is in place, families gain confidence knowing their loved one will be cared for both now and in the future.
What These Trusts Can Fund
A special needs trust can be used to cover several types of expenses that improve quality of life, without affecting benefit eligibility. These include:
- Medical treatments not covered by insurance
- Specialized education programs or tutoring
- Transportation costs (e.g., wheelchair-accessible van)
- Recreational equipment or therapy
- Home modifications for accessibility
- Personal caregivers or support aides
Although some expenses may appear simple to manage on your own, structuring the trust and aligning it with the benefit rules is something best handled by an experienced attorney like ours.
How We Set Up Your Special Needs Trust
We provide a thorough yet simplified process to help you make informed decisions:
- Initial consultation to learn about your goals and legal situation
- Customized plan development tailored to your child’s or loved one’s needs
- Integration with your broader estate plan to help ensure everything works together
- Trustee guidance to help you pick someone reliable and qualified
At NOVA Estate Planning, PLLC, we believe in building real client relationships through a personalized approach and customized plans.
Take The Next Step Toward Securing Your Loved One’s Future
Every family deserves the peace of mind that comes with knowing their loved one will be supported. At NOVA Estate Planning, PLLC, we treat each client as a person, not just a case file. We walk with you every step of the way, from planning to execution, with direct access to an attorney, not just a support team.
We invite families in Arlington County, Reston and Midlothian, Virginia, to schedule a free consultation today via 703-794-5630. Whether you need a new trust or want to review an existing plan, let us help you provide security and stability for those who matter most.