Special Needs Planning

If you have a family member with special needs, you may be concerned about the financial security and future care needs of your loved one. Our Certified Elder Law Attorney assists with comprehensive special needs planning to protect your loved one's future.

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Planning for the long-term care and financial security of a loved one with special needs can feel overwhelming, as families understand complex legal, financial, and healthcare decisions to ensure their loved one’s well-being and future stability. East Coast Elder Law in Virginia Beach works solely in special needs planning, helping families protect assets, maintain eligibility for government benefits, and ensure their loved ones’ futures are secure.

We understand the unique challenges families face, from navigating state-specific laws to coordinating healthcare, education, and long-term support. Our team creates tailored legal strategies, including special needs trusts, guardianships, estate planning, and powers of attorney, designed to meet the individual needs of your family and loved one.

By planning ahead, families can avoid costly mistakes, reduce stress, and provide peace of mind that their loved one’s quality of life is protected. Call us today at (757) 734-7584 to schedule a consultation and begin developing a comprehensive, compassionate plan for your family’s future.

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Virginia Beach Special Needs Planning Takeaways

  • Special needs planning ensures your loved one’s financial security and access to government benefits while protecting their long-term well-being.
  • Establishing special needs trusts, guardianships, and powers of attorney helps families provide supplemental care without jeopardizing eligibility for Medicaid or SSI.
  • Integrating special needs planning into broader estate planning prevents unintended consequences and safeguards family assets.
  • Proactive planning helps families avoid common pitfalls, reduce stress, and minimize conflicts over healthcare, finances, or guardianship decisions.
  • Working with experienced attorneys at East Coast Elder Law gives families peace of mind, personalized guidance, and a secure, stable future for their loved ones. Contact our Virginia Beach special needs planning lawyer today. 

Why Choose East Coast Elder Law for Special Needs Planning in Virginia Beach?

East Coast Elder Law offers thoughtful and comprehensive legal services for families caring for loved ones with special needs. Our founder, Shannon Laymon-Pecoraro, a Certified Elder Law Attorney (CELA), is dedicated to helping families create tailored plans that protect assets, preserve government benefits, and ensure long-term security and quality of life for individuals with disabilities.

Our team assists with establishing special needs trusts, guardianships, estate planning, and other legal strategies designed to meet the unique challenges faced by families supporting a loved one with disabilities. We focus on personalized solutions that provide peace of mind while safeguarding your family’s financial future. With our assistance, your loved one will have the financial support they need to sustain them for a lifetime.

Conveniently located at 780 Lynnhaven Parkway, Suite 400, Virginia Beach, VA 23452, near landmarks like Lynnhaven Mall, Virginia Beach Town Center, and Mount Trashmore Park, our office is easily accessible for clients across the area. Call us at (757) 734-7584 to schedule a consultation and discover how East Coast Elder Law can help your family plan for today and tomorrow with confidence, compassion, and clarity.

What Is Special Needs Planning? 

Special needs planning is a branch of law that focuses on protecting the financial security, healthcare, and overall well-being of individuals with disabilities. The goal is to ensure that a loved one with special needs can maintain eligibility for government benefits while benefiting from additional resources provided by family or other caregivers.

Special Needs Trusts

A special needs trust is a critical tool in special needs planning. It allows families to set aside funds for a loved one with disabilities without jeopardizing eligibility for government programs such as Supplemental Security Income (SSI) or Medicaid. Funds from the trust can be used for housing, education, medical expenses, therapy, or recreational activities, all while preserving public benefits.

Guardianships and Powers of Attorney

Special needs planning also involves establishing guardianships and powers of attorney. Guardians can make healthcare or personal decisions on behalf of an individual when they are unable to do so, while powers of attorney allow trusted family members to manage financial matters responsibly. These legal tools ensure that a loved one is cared for while maintaining legal protections and oversight.

Estate Planning Considerations

Families often incorporate special needs planning into broader estate planning strategies. By carefully structuring wills, trusts, and other estate planning documents, families can protect their assets, provide long-term support, and avoid unintended consequences that can impact benefits or eligibility.

Supplemental Planning

Families may also explore ABLE accounts, insurance planning, and advocacy strategies to enhance independence and quality of life for their loved ones.

Why It Matters

Effective special needs planning provides peace of mind for families, ensures a stable future for the loved one with disabilities, and helps prevent costly mistakes or disruptions in care. At East Coast Elder Law, our Virginia Beach attorneys focus on creating personalized, comprehensive plans that safeguard both individuals and their families.

Where Special Needs Planning Matters in Virginia Beach 

Special needs planning is essential wherever families face legal, financial, or healthcare decisions for a loved one with disabilities. In Virginia Beach, these services make a tangible difference in daily life, from healthcare management to educational support and financial security.

Residential Communities

Neighborhoods with active senior and family populations, such as Great Neck, Linkhorn Park, Courthouse Commons, and Chesapeake Bay, often include families caring for loved ones with special needs. Legal planning helps families preserve assets, establish guardianships, and ensure ongoing support for household members with disabilities.

Healthcare and Therapy Centers

Facilities like Virginia Beach General Hospital, Sentara Independence, Riverside Rehab & Healthcare, and therapy centers, such as the Children’s Therapy Center of Virginia, are key locations where families coordinate care. Special needs planning ensures access to these services without risking eligibility for Medicaid or other benefits.

Educational and Support Services

Schools and programs, including those in Virginia Beach City Public Schools’ Special Education programs and nonprofit organizations such as The Arc of Virginia Beach, provide essential educational and social support. Legal planning can help families fund supplemental programs, therapies, and adaptive technologies while maintaining government assistance.

Shopping and Lifestyle Centers

Places like Lynnhaven Mall, Virginia Beach Town Center, and Hilltop Shopping Center serve as hubs for families navigating daily financial decisions, medical needs, and caregiving logistics. Proper planning allows families to manage expenses and resources responsibly.

Financial and Legal Hubs

Banks, financial advisors, and law offices near Corporate Landing Parkway and Independence Boulevard are critical for managing trusts, powers of attorney, and special needs estates. Families can safeguard assets, plan for long-term care, and make informed decisions for their loved ones.

East Coast Elder Law helps Virginia Beach families across these areas create customized special needs plans that protect both the individual and the family’s future.

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How Our Special Needs Planning Lawyer Can Help You

Caring for a loved one with special needs presents unique challenges, from protecting government benefits to managing financial and healthcare decisions. East Coast Elder Law special needs planning attorneys help families anticipate and avoid common problems affecting a loved one’s long-term security and quality of life.

Protecting Eligibility for Government Benefits

One of the most common issues families face is inadvertently disqualifying a loved one from Medicaid or Supplemental Security Income (SSI). Our attorneys design special needs trusts and financial plans that allow families to provide supplemental support without jeopardizing these essential benefits.

Avoiding Family Conflicts

Disputes over guardianship, powers of attorney, or financial decisions can create tension and legal complications. We guide families in establishing clear legal authority, drafting guardianship arrangements, and creating healthcare directives to prevent misunderstandings and protect the interests of all parties involved.

Preventing Financial Mismanagement

Without proper planning, funds intended for a loved one can be misused or wasted. Our team helps families structure trusts, coordinate estate planning, and implement safeguards to ensure resources are used appropriately and in the best interest of the individual.

Comprehensive Legal Guidance

We also provide advice on estate planning, tax considerations, insurance, and advocacy, helping families understand Virginia-specific laws and regulations. By working with East Coast Elder Law, families in Virginia Beach can avoid common pitfalls, preserve government benefits, protect their assets, and ensure their loved ones receive the care and support they need.

A key tool for achieving financial security is a special needs trust, which enables families to set aside funds for supplemental care, therapy, education, housing, or recreational activities without affecting their child’s benefits. By carefully structuring the trust, you can ensure that your child has access to additional resources throughout their lifetime.

We also assist with guardianships, powers of attorney, and estate planning, ensuring that trusted individuals can make healthcare and financial decisions on your child’s behalf if needed. Integrating these strategies with other financial tools, such as ABLE accounts and insurance planning, creates a comprehensive approach to long-term financial security.

Common Special Needs Planning Mistakes We Help You Avoid 

Special needs planning requires careful attention to detail, as small errors can have significant consequences for your loved one’s future. At East Coast Elder Law in Virginia Beach, we help families understand these complexities and prevent common mistakes that can jeopardize benefits, finances, and quality of life.

Failing to Establish a Special Needs Trust

  • Failing to establish a special needs trust can result in disqualification from essential government programs, including Medicaid and Supplemental Security Income.
  • Funds intended to enhance your loved one’s life may instead be counted as personal assets, affecting eligibility.

Overlooking Guardianship and Powers of Attorney

  • Families sometimes neglect to appoint a guardian or power of attorney, leaving important healthcare or financial decisions unresolved.
  • Without proper legal authority, courts may need to intervene, which can result in delays and increased stress.

Poor Estate Planning Coordination

  • Failing to integrate special needs planning with wills, trusts, and beneficiary designations can inadvertently reduce the resources available for your loved one.
  • Assets may pass in a way that conflicts with government benefits or family intentions.

Waiting Too Long to Plan

  • Delaying planning until a crisis arises limits options and increases costs.
  • Proactive planning ensures your loved one’s needs are addressed in advance, reducing uncertainty and risk.

Not Considering Supplemental Support

  • Families often overlook programs, insurance, and resources that can enhance quality of life.
  • Coordinating these supplemental supports with legal planning maximizes benefits while protecting eligibility.

By working with East Coast Elder Law, Virginia Beach families can avoid these common pitfalls. Our attorneys provide comprehensive, personalized guidance to protect your loved one’s future, preserve benefits, and ensure peace of mind for the entire family.

Contact Our Virginia Beach Special Needs Planning Lawyers

Planning for the long-term care and financial security of a loved one with special needs requires the guidance of qualified professionals. East Coast Elder Law attorneys work in special needs planning, assisting families in creating trusts, guardianships, and estate plans that protect assets while preserving eligibility for government benefits.

Our team provides personalized strategies tailored to your family’s unique needs, ensuring your loved one’s future is secure and their quality of life is protected. From establishing special needs trusts to coordinating healthcare directives and long-term support, we help you understand complex legal and financial challenges with confidence.

Contact East Coast Elder Law today at (757) 734-7584 to schedule a consultation and start creating a comprehensive, compassionate plan for your family’s future.

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Virginia Beach Special Needs Planning FAQs

What is the difference between a first-party and third-party special needs trust?

A first-party trust uses the beneficiary’s assets, while a third-party trust is funded by family members or other sources.

Can a special needs trust affect Medicaid eligibility?

Properly structured trusts do not disqualify individuals from Medicaid or SSI benefits.

Do I need a guardian for my loved one?

A guardian may be necessary if your loved one is unable to make independent healthcare or personal decisions.

Can my loved one still receive education or therapy funding?

Yes. Special needs planning can supplement government benefits to cover educational, therapeutic, and recreational needs.

What is an ABLE account?

An ABLE account allows families to save money for disability-related expenses without affecting Medicaid or SSI eligibility.

How often should a special needs plan be updated?

Plans should be reviewed regularly or after major life changes such as marriage, inheritance, or changes in disability status.


East Coast Elder Law - Virginia Beach Office

Winwood Center
780 Lynnhaven Pkwy #400
Virginia Beach, VA 23452
Ph: (757) 734-7584

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