Disability & Special Needs Planning Attorney in Rochester, MN
Planning for a loved one with a disability is about more than just legal documents—it’s about protecting their future while supporting their independence. We work with families throughout Rochester, Cannon Falls, Lake City, and surrounding Southeastern Minnesota communities to create plans that preserve public benefits, clarify long-term care, and give you peace of mind.
Special Needs Trusts
We create both first-party and third-party special needs trusts to protect assets without jeopardizing eligibility for Medical Assistance, SSI, or other public programs. These trusts allow families to set aside funds for future needs while maintaining access to critical support.
Guardianship & Conservatorship
If your child or adult family member needs help making decisions, we’ll help you obtain legal authority through Minnesota’s guardianship or conservatorship process. We’ll explain each step and make sure the arrangement reflects your loved one’s needs.
Coordinating with Public Benefits
We help ensure that your estate plan works hand-in-hand with state and federal benefit programs. Whether you’re planning for a child, sibling, or aging parent, we’ll help protect their financial future without disrupting important services.
Future Planning for Transitions
We support families during life transitions—like moving from school-based services to adult programming, or preparing for residential care. Our plans account for long-term needs, future caregivers, and evolving medical or financial concerns.
Planning for Long-Term Care and Security
One of the most critical aspects of special needs planning is ensuring that your loved one receives ongoing care after you are no longer able to provide for them directly. We work closely with families to create a comprehensive plan that addresses both current and future needs. Our legal strategies are designed to offer peace of mind, so you know that your family member will be financially secure and properly cared for, regardless of changes in circumstances.
- Supplemental Needs Trusts:
Establish trusts that allow family members or third parties to contribute to your loved one's care without compromising their eligibility for government benefits.
- Health Care Decision Making: Set up durable powers of attorney for health care or advanced medical directives to ensure your loved one’s healthcare preferences are respected.
- Lifetime Care Planning: Develop strategies that account for the full spectrum of your loved one’s needs, from daily care to long-term housing and medical considerations.
Protecting Government Benefits While Providing Support
Planning for a loved one with disabilities requires careful coordination of assets and benefits. Improper handling of resources can unintentionally disqualify your loved one from the vital public benefits they rely on. At Davis Law Firm, we ensure your plan aligns with federal and state regulations, allowing your family member to maintain their eligibility for important programs like SSI, Medicaid, and other support services.
Why Families Choose to Work with Us
We Help Families Across Southeastern Minnesota:
We’ve worked with parents, grandparents, and caregivers from Wabasha, Red Wing, Zumbrota, and other nearby communities to plan for loved ones with developmental, physical, and cognitive disabilities.
Clear Guidance Through Complex Issues:
The intersection of disability law and public benefits is complicated. We make the legal side clear so you can focus on supporting your loved one with confidence.
We Respect Your Family’s Priorities:
Every situation is different. Whether you’re planning for lifelong care or trying to protect a modest inheritance, we’ll help you make informed choices that reflect what matters most.
Licensed in Minnesota & Wisconsin:
If your family lives near the state border or has ties in both states, we can coordinate your plan to work across jurisdictions and prevent disruption to your loved one’s benefits.
FAQs
Here are answers to common questions about special needs planning. For tailored support, click below.
What is a special needs trust, and who needs one?
A special needs trust allows someone with a disability to receive financial support without losing eligibility for means-tested benefits like SSI or Medicaid. It’s often used by parents or guardians to set aside funds for future care.
Can I name a sibling or grandparent as a trustee?
Yes, but it’s important to choose someone who understands their legal responsibilities. We’ll help you evaluate the right fit and explain what’s required of trustees.
Is guardianship permanent?
Not necessarily. Minnesota guardianships can be limited or tailored to specific needs. We’ll help you understand your options and recommend the least restrictive approach possible.
What happens if a disabled child inherits money without a trust?
An inheritance can disqualify someone from receiving benefits like SSI or Medical Assistance. We can help you avoid that outcome by creating a trust or restructuring existing plans.
Can I change the plan later if circumstances change?
Yes. Life changes, and so do needs. We encourage families to review plans every few years or after major events like changes in benefits, school status, or health.
Do I need a lawyer to set up a special needs plan?
It’s strongly recommended. DIY solutions often miss critical compliance issues that could disrupt benefits or create future legal problems. We’ll make sure it’s done right the first time.
Start a Conversation About the Future Today
You don’t need all the answers—just a willingness to begin. If you’re ready to protect your loved one’s care and future, we’re ready to help.