Special Needs Planning on Long Island

Coordinated Legal Planning for Families Caring for a Person with a Disability

Special needs planning brings together legal tools, including special needs trusts, guardianship, ABLE accounts, and government benefits planning, so a person with a disability can be provided for without jeopardizing Medicaid or SSI eligibility. The Virdone Law Firm, P.C. provides these services as part of its elder law practice, serving families across Long Island, Nassau County, Suffolk County, and Queens County. The right combination of tools depends on the family’s circumstances, the source of assets involved, and the long-term goals for the individual’s care and quality of life.

If you’re planning for a loved one with a disability, call us at (516) 712-2142 or schedule a consultation to discuss your family’s situation.

Special Needs Trusts: Choosing the Right Structure

A special needs trust holds assets for the benefit of a person with a disability while preserving eligibility for need-based government programs. Funds held in a properly drafted trust supplement, rather than replace, what Medicaid and SSI provide, and they aren’t counted against the SSI resource limit. Which structure fits your family depends on whose assets fund the trust and your specific circumstances.

Three trust structures are available to New York families:

• Third-party special needs trust: Funded with assets belonging to someone other than the beneficiary, most often a parent or grandparent. This structure doesn’t require a Medicaid payback provision, meaning remaining funds can pass to other family members after the beneficiary’s death.
• First-party (self-settled) special needs trust: Funded with the beneficiary’s own assets, such as a personal injury settlement or an inheritance received directly. Federal Medicaid law generally requires these trusts to include a provision reimbursing Medicaid for benefits paid during the beneficiary’s lifetime.
• Pooled special needs trust: Administered by a nonprofit trustee, this option allows individuals with disabilities to save additional funds without losing Medicaid, SSI, or other need-based benefits. It can be a practical choice when a private trustee isn’t available or a smaller account balance makes individual trust administration impractical.

We take the time to understand your family’s circumstances before recommending a structure. We explain complex trust rules and New York State Medicaid regulations in plain language so your family understands what each option means before moving forward.

Guardianship Options When a Child with a Disability Reaches Adulthood

When a person with an intellectual or developmental disability turns 18, parents no longer have automatic legal authority over their child’s medical or financial decisions. New York provides two primary guardianship frameworks, and the right choice depends on the individual’s diagnosis, functional needs, and the level of oversight required.

Article 17-A Guardianship

Article 17-A guardianship, under New York’s Surrogate’s Court Procedure Act, is the more common path for families whose loved one has an intellectual or developmental disability. It is largely diagnosis-driven, requires certifications from two physicians or a physician and a psychologist, and grants broad authority over both personal and financial decisions. Nassau County Surrogate’s Court handles these proceedings for Nassau County families. Article 17-A guardians of the person generally aren’t subject to the same recurring court reporting requirements as Article 81 guardians, though a guardian responsible for managing the individual’s property may still need to account to the court.

Article 81 Guardianship

Article 81 guardianship, governed by New York’s Mental Hygiene Law and handled in Supreme Court, applies when the person’s functional incapacity must be demonstrated rather than established by diagnosis alone. A court hearing is required, and the authority granted is tailored to the individual’s specific needs. Article 81 guardians must file a report 90 days after appointment and annually thereafter. Our elder law practice covers both guardianship paths alongside trust and Medicaid planning, so these decisions are made in the context of a complete plan.

Preserving SSI & Medicaid Eligibility Through Benefits Planning

Government benefits planning is central to any special needs plan. SSI limits a recipient to no more than $2,000 in countable resources, and assets above that threshold can trigger disqualification. Careful coordination between a special needs trust and other savings vehicles can help keep a family member’s benefits intact while still allowing them to be provided for.

New York’s ABLE accounts offer a complementary option. A person with a disability whose condition had an onset before age 46 can save up to $100,000 in an ABLE account without affecting SSI eligibility, and Medicaid eligibility isn’t affected regardless of the account balance. ABLE account funds can only be used for qualified disability-related expenses, however, while a special needs trust covers a broader range of supplemental needs. That’s why the two tools often work best together rather than as substitutes for one another. We help families understand how each interacts with the other and with existing benefit programs.

Why Long Island Families Work With The Virdone Law Firm, P.C.

We bring over 27 years of legal experience to elder law and special needs planning for families across Nassau County, Suffolk County, and Queens County. We approach each family’s situation through a personalized consultation, listening before recommending. The documents we draft, including trusts, wills, and health care proxies, are built around the specific circumstances of your family member with a disability and the long-term goals your family has for their care.

We stay current on New York State Medicaid rules, trust regulations, and trustee standards because these rules directly affect how a plan functions. Life care planning, asset protection, and benefits eligibility aren’t treated as separate matters here. They’re part of one coordinated strategy designed to address your family’s needs over time.

What Working with Our Firm Looks Like

The process starts with an initial consultation where we listen to your family’s priorities, the needs of your loved one, and any concerns about the future. From there, we develop a personalized plan and walk you through the trust structures, guardianship options, or benefits strategies that apply to your situation, in language that’s clear and direct.

We guide you through the documents and details required to put the plan in place. After your plan is established, we remain available as your family’s circumstances change, whether that means updating a trust, addressing a new benefits question, or planning for a transition in care.

Schedule a Special Needs Planning Consultation

If you’re planning for a family member with a disability on Long Island, the decisions you make now can shape what’s available to them for the rest of their life. We offer personalized consultations to help your family put a coordinated plan in place. Contact The Virdone Law Firm, P.C. at (516) 712-2142 to get started.