SOFL | Southern Oregon Family Law, LLC

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SOFL | Southern Oregon Family Law, LLC
541-837-1465​

Family-Forward Support From A Team With Decades Of Combined Experience

Special Needs Trust Attorneys Protecting Benefits Across Oregon

Planning for a loved one with a disability can bring difficult questions. You may want to provide financial support without putting important government benefits at risk. A special needs trust may offer a way to plan for your loved one’s future while considering their needs, assets and benefits.

At Southern Oregon Family Law, LLC, our family-run law firm brings decades of combined experience to estate planning for families across Oregon. We approach special needs trust planning with knowledge, care and compassion. Our Oregon estate planning attorneys can help you understand your options and create a plan that fits your loved one and your family.

What Is A Special Needs Trust In Oregon?

A special needs trust can hold assets for a person with a disability. Depending on how the trust is created and funded, it may receive different treatment when certain government benefits determine eligibility. As part of a broader estate plan, it may help you plan for your loved one’s future while considering their assets and benefits.

Who May Need A Special Needs Trust?

You may consider a special needs trust if your loved one may receive money or other assets. Common situations include:

  • An inheritance: You want to leave assets to a loved one with a disability while considering their benefits.
  • A lawsuit settlement: Your loved one receives money from a settlement and needs a plan for those funds.
  • Future care: You want to provide for your loved one’s long-term needs while considering Medicaid planning.
  • Other assets: Your loved one has money or property that could affect needs-based benefits.

Your loved one’s assets, benefits and long-term needs can all affect which options may make sense.

How Can Benefits Affect Special Needs Trust Planning?

Government benefits have different rules. Supplemental Security Income (SSI) and Medicaid consider a person’s income and assets. A special needs trust may help you plan for these benefits while providing for your loved one’s needs.

Social Security Disability Insurance (SSDI) is generally based on disability and work history, not the same financial limits as SSI. Oregon Health Plan (OHP) also has its own eligibility rules.

Knowing which benefits your loved one receives can help you make informed estate planning decisions.

Types Of Special Needs Trusts In Oregon

The right type of trust can depend on who provides the funds and whose assets the trust holds. You may consider:

  • Third-party special needs trust: You or another person provides the funds for your loved one.
  • First-party special needs trust: Your loved one’s own assets fund the trust. Oregon rules set specific requirements for certain first-party trusts.
  • Pooled special needs trust: A nonprofit manages separate accounts for multiple beneficiaries while pooling funds for investment and management.

Each type has different rules and planning considerations.

ABLE Account Vs. Special Needs Trust

An ABLE account and a special needs trust offer different ways to plan for a person with a disability. ABLE accounts have specific contribution and qualified-expense rules, while special needs trusts have different rules for funding and distributions. Depending on your loved one’s circumstances, you may consider one option or use both.

Protect Your Loved One’s Future With Thoughtful Planning

Planning for a loved one with special needs can feel overwhelming. At Southern Oregon Family Law, LLC, our Oregon estate planning lawyers take the time to understand your situation and help you make informed decisions.

If you are considering a special needs trust in Medford or elsewhere in Oregon, call us at 541-837-1465 or submit an online inquiry to discuss your situation and learn about your options.