Family planning for a child with special needs in Indiana

 

Special Needs Estate Planning · Indiana

Protecting Your Child’s Future Starts With the Right Legal Plan

As a parent of a child with special needs, you face a question most families never have to ask: What happens to my child when I’m no longer here? Without proper planning, an inheritance can permanently disqualify your loved one from Medicaid, SSI, and other essential government benefits.

At Webster & Garino LLC, our Indiana estate planning attorneys focus on Special Needs Trusts and full planning strategies designed to protect your loved one’s financial future while preserving eligibility for critical public benefits programs.

We serve families throughout Hamilton, Marion, and Boone Counties, including Westfield, Indianapolis, Carmel, Noblesville, and surrounding communities.

or call (317) 565-1818

Family planning for a child with special needs in Indiana
WHO WE HELP

Who This Page Is For

Special needs estate planning is not only for parents of young children. Families, caregivers, grandparents, and trustees all have a role to play in making sure financial support is handled correctly — without putting critical public benefits at risk.

  • The parent of a minor child with a disability who wants to ensure lifelong financial protection
  • The parent of an adult child receiving Medicaid, SSI, or other public benefits — where even a small inheritance could disqualify them
  • A grandparent wanting to leave assets to a grandchild with special needs without jeopardizing government assistance
  • A family member helping manage an inheritance, personal injury settlement, or future care plan for a loved one
  • A caregiver preparing for guardianship, conservatorship, or long-term trustee responsibilities
  • A trustee who already manages a Special Needs Trust and needs guidance on distributions, compliance, and beneficiary planning

A clear plan can protect your loved one’s eligibility for essential benefits while giving your family confidence about the future. Our attorneys are ready to help you put the right structure in place — no matter where you are in the planning process.

WHAT OUR CLIENTS HAVE TO SAY…

50+

Years Experience

3

Counties Served

100%

Focused on Families

2

Office Locations

⚠

Why Planning Matters Now

A well-structured Special Needs Trust holds assets for your loved one without counting against SSI or Medicaid eligibility. Without one, even a $2,000 inheritance can cause an immediate loss of benefits. Our attorneys guide you through every decision: trust type, funding strategies, trustee selection, and long-term administration planning.

UNDERSTANDING YOUR OPTIONS

What Is a Special Needs Trust in Indiana?

A Special Needs Trust (SNT) is a legal arrangement that holds assets for a person with a disability without disqualifying them from SSI and Medicaid. Under Indiana law, a properly drafted SNT can pay for a wide range of supplemental expenses beyond what government programs cover.

🏛

First-Party (Self-Settled) SNT

Funded with the beneficiary’s own assets such as a personal injury settlement. Must include a Medicaid payback provision under 42 U.S.C. §1396p(d)(4)(A).

👪

Third-Party SNT

Funded by family members with their own assets. No Medicaid payback required at death. The most common type used in estate planning for families with special needs children.

🤝

Pooled Trust

Administered by a nonprofit that pools assets for investment while maintaining separate accounts per beneficiary. A practical option for smaller estates.

HOW WEBSTER & GARINO HELPS

A Complete Approach to Special Needs Planning

We bring together the legal and practical pieces families need, from trust drafting to long-term administration support.

01

Special Needs Trust Drafting

Custom-drafted First-Party, Third-Party, or Pooled SNTs built to comply with Indiana and federal Medicaid rules while protecting your loved one’s eligibility.

02

Letter of Intent Preparation

A guide for future caregivers covering your loved one’s daily routines, medical needs, and preferences. Not legally binding, but invaluable for continuity of care.

03

Guardianship & Conservatorship

When a beneficiary cannot make legal or financial decisions, we help families establish guardianships and conservatorships through Indiana probate courts.

04

Estate Plan Integration

Special needs planning works best when integrated into your broader estate plan, including wills, powers of attorney, and life insurance designations.

05

ABLE Account Planning

Indiana ABLE accounts offer a tax-advantaged savings option for individuals with disabilities. We advise on how ABLE accounts complement a Special Needs Trust in your overall plan.

06

Trust Administration Guidance

We counsel trustees on duties, permissible distributions, record-keeping, and Medicaid compliance, helping them serve the beneficiary effectively and avoid costly mistakes.

INDIANA LAW & LOCAL EXPERIENCE

Special Needs Planning Under Indiana Law

Indiana has specific laws and programs that affect how Special Needs Trusts are structured. The Indiana Bureau of Developmental Disabilities Services (BDDS), Indiana Medicaid Waiver programs, and Indiana Disability Rights all play a role in the lives of families we serve.

Our attorneys understand Indiana’s Medicaid asset rules, the IN-ABLE program, and local probate court procedures for guardianship. We make sure your plan complies with both state and federal requirements.

We serve clients throughout Central Indiana: Westfield, Indianapolis, Carmel, Noblesville, Zionsville, and Fishers.

Indiana estate planning attorneys at Webster and Garino
FREQUENTLY ASKED QUESTIONS

Common Questions About Special Needs Trusts in Indiana

We know you have questions. Here are answers to the most common concerns Indiana families bring to our office about Special Needs Trusts.

How is a Special Needs Trust different from a regular trust?

A regular trust distributes assets directly to the beneficiary, which can disqualify someone from SSI or Medicaid. A Special Needs Trust supplements government benefits, paying for extras like education, transportation, and recreation without counting as a disqualifying asset.

Can I just leave money to my other children to care for their sibling?

This informal approach is risky. If your other child divorces, faces a lawsuit, or disagrees on how to use funds, your special needs child has no legal protection. A properly funded SNT provides enforceable protections that informal arrangements cannot.

Does a Special Needs Trust affect Medicaid in Indiana?

When properly drafted, a third-party SNT does not count as a Medicaid resource. However, a first-party SNT requires a Medicaid payback provision. Our attorneys ensure your trust meets all Indiana and federal Medicaid requirements.

Who should be the trustee of a Special Needs Trust in Indiana?

The trustee must understand the beneficiary’s needs and complex distribution rules. Options include a trusted family member, a corporate trustee, or a nonprofit pooled trust. Our attorneys help you evaluate the right fit.

When should I set up a Special Needs Trust?

As early as possible, ideally before any inheritance, personal injury settlement, or large gift is received. Once funds are received directly by the beneficiary, they may trigger a loss of benefits before a trust can be established.

What does a Special Needs Trust cost to set up in Indiana?

Costs vary based on complexity. We offer transparent, flat-fee pricing for Special Needs Trust drafting. Call (317) 434-3113 to discuss your situation.
WE’RE HERE TO HELP

Let’s Build a Plan That Protects Your Loved One

You’ve worked hard to provide for your family. Let Webster & Garino help you make sure that work protects your loved one, now and for years to come.

By checking one or both boxes, you consent to receiving more information, including news and events.

Email Opt In
SMS Opt In

Serving Hamilton County · Marion County · Boone County · Westfield · Indianapolis · Carmel · Noblesville · Zionsville · Fishers · Cicero