Data from the Centers for Disease Control and Prevention indicates that over a quarter of American adults have some form of disability. Creating a special needs trust is a crucial step in ensuring the long-term well-being and financial security of a loved one with disabilities.

However, navigating this complex area requires expertise, and consulting with a special needs trust attorney can be a game changer.

A special needs trust lawyer focuses on establishing and overseeing trusts that support individuals with disabilities or special needs. Their primary role is to ensure that the trust is established to maximize the beneficiary’s financial and legal protection while also complying with relevant laws and regulations.

Do you need a special needs trust attorney? This article highlights seven important considerations when choosing a special needs attorney. Keep reading to discover how they can safeguard your loved ones and secure their future according to your wishes.

1. How Long Has the Attorney Been Practicing in the Areas of Probate, Trusts, & Estate Planning Law?

Choose an attorney with significant experience in:

• Probate
• Trusts
• Estate planning law

A skilled and experienced attorney will have in-depth knowledge of the laws and regulations regarding special needs trusts. This should be accompanied by a history of handling complex estate plans and working with cases involving individuals with disabilities.

This expertise ensures that the trust is set up correctly and supports your loved one’s needs. Experienced attorneys are also better equipped to resolve any legal issues that may come up, giving you peace of mind.

2. What Percentage of the Attorney’s Practice Is Devoted to Probate, Trusts, & Estate Planning Law?

The focus of an attorney’s practice greatly affects their ability to handle special needs trusts. Attorneys who dedicate a large portion of their work to probate, trusts, and estate planning law are typically more knowledgeable about the specifics of special needs trusts.

This specialization means they stay updated on the latest legal developments and best practices, which is crucial for effective trust management and financial planning for disabilities. Here are some ways to help you obtain this information:

• Review their website
• Ask directly during a consultation
• Check professional associations
• Read client reviews
• Contact the state bar association to validate their practice history and certifications

3. How Much Should You Pay for Your Estate Plan?

Knowing the cost of legal services is essential when planning your estate. Special needs trust attorneys may charge different fees based on the legal structure and tax implications of the trust. Additionally, fees may vary depending on compliance requirements and ongoing administration.

Discuss fees clearly at the start to understand what you’ll be paying for. Transparent pricing helps ensure you get good value and avoid unexpected costs. Here’s what you should know:

1. Attorneys might use hourly rates, flat fees, or a combination; understanding their fee structure helps you know what to expect
2. The cost can vary with the complexity of the trust
3. Although experienced attorneys may charge higher fees, they can offer more expertise and potentially avoid costly mistakes
4. Review and confirm all services that are covered in the fee before starting any paperwork

4. Will the Attorney Provide a Written Fee Agreement?

A written fee agreement is essential for outlining the cost of legal services and the scope of work. It protects both you and the attorney by defining expectations and payment terms.

When considering a written fee agreement with an attorney, you should be aware of the following key points in addition to discussing the overall costs and terms:

• Ensure there are clear terms for any extra work beyond the initial scope and how those charges will be managed
• Understand how the attorney handles refunds if you terminate services early or have unused retainer funds
• Confirm how the attorney will notify you of any changes in fees or charges and review the timeline for invoicing and payment deadlines

5. Does the Attorney Require a Retainer?

Many attorneys charge a retainer fee, an upfront payment to secure their services. This fee is usually applied toward the total cost of legal services, but you need to make sure if that’s the case with your chosen attorney.

Understanding whether you need a retainer and how your attorney will apply it helps manage your budget. Discuss this with the attorney to ensure you are comfortable with their payment structure and can plan your finances accordingly.

6. Does the Attorney Appear Knowledgeable and Interested in Your Situation?

A good special needs trust attorney should show real interest in your situation and have solid knowledge about special needs trusts. They should ask the right questions and understand your family’s unique needs and financial situation. They should be able to explain the workings of a trust, including the following:

• Trust agreement
• The responsibilities and powers of trustees
• Beneficiary information
• How is the trust funded
• When and how the trust will divide assets
• Trust duration
• Successor trustees
• Legal and tax provisions
• Special provisions such as interactions with benefits like Medicaid or Supplemental Security Income (SSI)
• Amendment and termination conditions

Good attorney engagement is key to creating a trust that meets your needs and offers the right protection for your loved one.

7. Is the Attorney Friendly and Easy to Talk To?

When setting up a special needs trust, you’ll need to share sensitive and personal information. It’s important to choose an attorney who is approachable and makes you feel comfortable. They should foster open communication so you can discuss your concerns and needs without discomfort.

Good communication is key to effective estate planning and trust management.

Final Thoughts on Choosing a Special Needs Trust Attorney

Consulting a special needs trust attorney is essential for securing your loved one’s future. A well-managed special needs trust ensures family financial security and gives peace of mind, knowing that your loved one is looked after as you intended.

Are you looking for expert special needs trust assistance? For over 40 years, Rhodes Law Firm, PC, has been a trusted name in Elder Care Law and Estate Planning in the Augusta/Aiken area. Contact us today to secure your loved one’s future with expert legal guidance and support.