Special Needs Trust Attorney Serving California Families

Protecting Your Loved One’s Future Without Jeopardizing Benefits

Planning for a loved one with a disability requires special care. Many families worry that leaving assets directly to a child or dependent with special needs could unintentionally disqualify them from essential public benefits such as Supplemental Security Income or Medi-Cal.


A Special Needs Trust allows families to provide long-term financial support while preserving eligibility for critical assistance programs. At Clavel Law, we help families across Southern California create carefully structured special needs trusts that offer security, dignity, and peace of mind.

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Understanding Special Needs Trusts

A Special Needs Trust is a legal arrangement designed to hold assets for the benefit of a person with disabilities without those assets being counted as personal resources. The trust is managed by a trustee, who uses the funds to enhance the beneficiary’s quality of life while maintaining compliance with public benefit rules.



These trusts are commonly used to provide for expenses such as education, therapy, transportation, recreation, and other needs not covered by government programs.

When This Type of Planning Is Appropriate

A Special Needs Trust may be appropriate if:

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You have a child or dependent with physical, developmental, or mental disabilities

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Your loved one currently receives or may need public benefits in the future

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You want to leave an inheritance without risking benefit eligibility

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You are planning for long-term care and financial oversight

This type of planning is not only for parents. Grandparents and other family members often establish or contribute to special needs trusts as part of a coordinated estate plan.

Common Trust Structures

There are different types of special needs trusts, and the right option depends on how the trust is funded and who is establishing it.



Common options include:

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Third-party special needs trusts, often created by parents or relatives as part of an estate plan

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First-party special needs trusts, funded with assets belonging to the individual with disabilities, such as an inheritance or settlement

Each type has specific legal requirements, and careful drafting is essential to avoid unintended consequences.

Avoiding Common and Costly Mistakes

Improper planning can result in the loss of vital benefits or court intervention. Special needs trusts must comply with strict state and federal rules, and even small drafting errors can create serious problems.



Clavel Law helps families avoid these risks by:

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Structuring trusts to meet benefit eligibility requirements

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Coordinating trusts with wills and other estate planning documents

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Advising on trustee selection and responsibilities

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Ensuring long-term flexibility as laws and circumstances change

Our goal is to protect your loved one both now and in the future.

Thoughtful, Compassionate, and Compliant Planning

We understand that special needs planning is deeply personal. Our approach is centered on listening carefully, explaining options clearly, and creating solutions tailored to your family’s unique circumstances.



With extensive experience in estate planning and trust creation, we provide guidance that balances legal precision with genuine care for the people involved.

Integrating Special Needs Trusts Into Your Overall Plan

A Special Needs Trust works best when it is part of a broader estate plan. We help clients coordinate trusts with wills, powers of attorney, healthcare directives, and beneficiary designations to ensure everything works together seamlessly.



If you are just beginning your planning journey, we can also help you explore foundational planning options.

Explore Basic Family Planning

Common Questions About Special Needs Trusts

  • What happens if I leave money directly to a child with special needs?

    Direct inheritance can disqualify a beneficiary from public benefits. A properly drafted special needs trust helps avoid this outcome.

  • Can a special needs trust be changed later?

    Some trusts offer flexibility, while others are more limited. We help you understand and plan for future changes.

  • Who should serve as trustee?

    Trustees should be responsible, organized, and willing to follow strict rules. We help families evaluate appropriate options.

  • Is a special needs trust only for wealthy families?

    No. Special needs planning is about protection, not wealth. Even modest assets can benefit from proper planning.

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Planning for a Loved One’s Long-Term Care and Security

We help families across Southern California create special needs trusts that protect benefits and provide peace of mind. Schedule a consultation to discuss your goals and ensure your loved one’s future is thoughtfully planned.