Menu
Call
Contact
Blog
Newport Beach Special Needs Planning Attorney

Rest Assured That Your Child Will Be Cared For – Today And Always!

Third-Party Special Needs Trusts in Newport Beach

Planning for the future of a loved one with special needs is one of the most important steps you can take to ensure they are cared for while preserving their eligibility for essential government benefits. A Third-Party Special Needs Trust allows family members to provide financial support without interfering with benefits such as Supplemental Security Income (SSI) and Medicaid.

At the Meier Law Firm, we understand the unique challenges families face when planning for a loved one with special needs. We’re here to help you create a plan that protects their future, provides long-term security, and gives you peace of mind.

What is a Third-Party Special Needs Trust?

A Third-Party Special Needs Trust is a special type of trust created by a parent, grandparent, or other family member to benefit a loved one with special needs. Unlike a first-party special needs trust, which is funded with the beneficiary’s own assets, a third-party trust is funded with assets that never belonged to the beneficiary—such as an inheritance, life insurance, or gifts from family members. Because these assets are not owned by the individual with special needs, they do not count against their eligibility for government benefits.

Why Families Choose a Third-Party Special Needs Trust

Families often establish a Third-Party Special Needs Trust to:

  • Protect Government Benefits – Ensuring assets do not disqualify the beneficiary from critical programs like SSI and Medicaid.
  • Provide for Additional Needs – Covering important expenses beyond what public benefits provide, such as education, therapy, transportation, and personal care.
  • Avoid Financial Mismanagement – Ensuring funds are properly managed by a trustee for the beneficiary’s lifetime.
  • Ensure a Smooth Transition – Allowing loved ones to provide financial support without requiring court involvement or a complex legal process.

How a Third-Party Special Needs Trust Works

Once a Third-Party Special Needs Trust is established, family members can fund it through gifts, inheritances, or life insurance proceeds. The trust is managed by a trustee, who oversees distributions to benefit the individual with special needs. Funds from the trust can be used for a variety of expenses, including:

✔️ Medical treatments and therapies not covered by insurance
✔️ Education and job training programs
✔️ Travel and recreational activities
✔️ Home modifications and assistive technology
✔️ Personal items, hobbies, and quality-of-life enhancements

Because the trust is structured correctly, these funds do not count as assets belonging to the beneficiary, allowing them to maintain their eligibility for government assistance.

Setting Up a Third-Party Special Needs Trust

At the Meier Law Firm, we help families create comprehensive plans to protect their loved ones with special needs. Our team can guide you through the process of establishing a Third-Party Special Needs Trust, selecting the right trustee, and ensuring your plan aligns with your family’s long-term goals.

We know this process can feel overwhelming, but you don’t have to navigate it alone. Schedule time to talk with our team today, and let’s create a plan that gives you peace of mind.

Notes:

  • An example: a child with Autism or Down Syndrome where they need help making medical and financial decisions
  • Help them in case people are preying on them
  • Third party such as Parents
  • Your child will be raised by who you want if something unexpected happens to you
  • Your child will never be placed in the care of strangers during an emergency
  • Protect your family assets from being depleted on care
  • The money you leave behind will go to your child without disqualifying them from government benefits
  • If needed, you can make financial and legal decisions for your child once they turn 18 years old
  • You leave behind far more than just money

It’s Simple, And Easy To Get Started.

1. Book a Planning Session

First, you’ll attend a planning session with us to discuss your child’s needs and your options.

2. Create a Customized Plan

We’ll identify what legal strategies will work best for your family members to create a customized plan.

3. Gain Peace of Mind

You’ll have peace of mind knowing that your child with special needs gets the care they deserve— no matter what.

Finding The Best Special Needs Trust And Conservatorship Lawyer For You

Work with The Meier Law Firm for your Special Needs Trust and Conservatorship to protect your family members, provide the care they need, and give you the peace of mind you deserve!

The Meier Law Firm will help your family with compassionate legal care. To get started on protecting the future of your loved one’s needs, book your planning session or give us a call.

Workshops & Events

The 10 Legal Protections For Children With Special Needs Workshop — Protect Your Child for Life!

Overview:

The Special Needs Workshop is for parents and grandparents of a child with a disability. Through real-life stories and easy-to-understand legal principles, our presenters help parents understand the legal and practical steps they must take to ensure a lifetime of love and care for their child.

Our presenters are personally involved with organizations that benefit children with mental or physical disabilities. They are committed to helping parents obtain the services, care, education, and future their family deserves.

Contact The Meier Law Firm Today

At The Meier Law Firm, we know that planning for the future can be overwhelming. However, special needs planning is crucial for ensuring that your child with a disability will have a secure future. We aim to help you create a special needs trust to protect your child. We want to help you create a trust that best benefits your loved ones.

Contact The Meier Law Firm today if you need help creating a special needs trust. Call now to book your planning session.

Top-Rated Newport Beach Estate Planning Attorneys

Here’s What Our Clients Think About Working With Us

Read more reviews

How Can We Help?

Here are some of the main ways we help our clients. Not sure where to start? Book your planning session.

Don’t Leave your Family at Risk one more day

1
Book a call
2
We create a solution
3
You get peace of mind

Online & In-Person Workshops

Join a live webinar, register for an in-person event or invite Laura and Josh to speak at your company event.

Take Control of Your Family’s Future

In Good Parents Worry, Great Parents Plan, estate planning attorney and mother Laura Meier shows you the legal and practical steps you must take to protect your children from temporary foster care, courtrooms, loss of inheritance, and other turmoil most kids experience when their parents pass away.

“Laura Meier’s The Family Nest Egg gives parents the tools they need to find confidence, stop worrying, and secure the financial future for their loved ones. Laura’s real-life stories and actionable advice make this read a trustworthy resource for budgeting, investing, and preparing for a financial crisis.”

Barbara Corcoran,

Founder of The Corcoran Group and Shark on ABC’s Shark Tank

Meier Firm Languages At Meier Law Firm, we are proud of our diverse and inclusive team. Members of our firm speak English, Spanish, Arabic, German, Mandarin Chinese, and French, enabling us to serve a wide range of clients and address their legal needs effectively.

Our Team

Carolina A. Gonzalez - Meier Law Firm

Congratulations to Carolina Gonzalez Rondan for being named a Super Lawyers Rising Star!

carolina-award

This recognition is awarded to the top 2.5% of attorneys in California under 40 or in practice for less than 10 years. Learn more about her achievement.

FAQ: Special Needs Planning in Newport Beach, CA

What is a special needs trust?

A special needs trust is a fiduciary relationship between a grantor, trustee, and beneficiary. The grantor creates the trust and defines how the trust funds should be used and distributed. The grantor also establishes a trustee responsible for the trust funds. Finally, the beneficiary is the person who receives the special needs trust funds.

The purpose of a special needs trust is to provide the beneficiary with assets while maintaining their eligibility for needs-based public benefits. A special needs trust is one of many great estate planning tools that could help you plan for your child’s financial future.

Can you change or revise a special needs trust?

A special needs trust is sometimes revocable or sometimes irrevocable, depending on how you set it up. If it is revocable, you can change the terms. If it is irrevocable, you cannot change the terms. You will want to talk with a special needs trust lawyer to determine whether the special needs trust should be revocable or irrevocable. Typically, even if a special needs trust is revocable, it becomes irrevocable if the grantor dies or funds are left to the trust.

How can a special needs trust planning attorney help me?

While hiring a lawyer to create trust is not required, working with a special needs planning attorney is in your best interest. They can help you understand the terms of the trust, and they can help you create a trust that is most helpful to the beneficiary. One of the purposes of a special needs trust is to provide the beneficiary with funds without making them ineligible for government-funded programs. So, your lawyer can help you develop a trust that keeps your loved one qualified for these government benefits.

Newport Beach Estate Planning Attorneys

Serving Clients Throughout California

Virtual and in-person appointments available.