Brockton Special Needs Planning Lawyer

Brockton Special Needs Planning Attorney

Planning for your loved one’s future care and financial security can be overwhelming. Whether you live near Massasoit Community College or close to downtown, early planning protects what matters most. The Brockton special needs planning lawyers of Albanese Law, LLC, help families navigate complex planning choices in Massachusetts so you can feel confident about the future for yourself and your family.

What Is Special Needs Planning in Massachusetts?

Special needs planning focuses on protecting a disabled individual’s financial future while preserving eligibility for public benefits. In 2022, about 13.9% of the U.S. population was reported to have a disability, showing how common these planning needs are.

Under Massachusetts law, assets must be structured carefully to avoid disqualifying an individual from Supplemental Security Income (SSI) or Medicaid (MassHealth). Proper planning allows families to provide lifelong support without triggering unintended benefit loss.

Two legal roles frequently arise in special needs planning, and understanding the difference helps clarify your next steps:

• Guardianship. Court-authorized power over personal and medical decisions
• Trusteeship. Management of assets held in trust for the beneficiary

A Brockton special needs planning attorney has experience guiding families through these structures and helping them choose what fits their situation.

Who Benefits From a Special Needs Plan?

A plan can matter for children, adults with disabilities, and aging caregivers who worry about continuity of care. Research based on the American Community Survey estimates notes that about 9.8 million adults with disabilities between 18 and 64 were employed in 2022, highlighting how many individuals balance employment while still facing benefit eligibility limits.

Effective planning often requires balancing earned income, family contributions, and strict benefit rules. Properly structured special needs trusts can help protect SSI and MassHealth eligibility when resources might otherwise count against the beneficiary.

Benefit preservation is usually the foundation of a strong plan, as these programs provide reliable long-term support. Common benefits include:

• SSI, which provides monthly payments based on disability status and limited income or resources
• Medicaid, which Massachusetts combines with CHIP into MassHealth.

A Brockton special needs planning lawyer can map out a benefits-safe strategy and then build the trust and documents around it.

Common Special Needs Planning Mistakes

Many planning errors are well-intentioned, such as leaving assets directly to a disabled beneficiary, naming the wrong account beneficiary, or failing to coordinate a trust with benefit eligibility rules.

The National Council on Disability reports that working-age adults with disabilities are employed at less than half the rate of people without disabilities. They’re also twice as likely to live in poverty, which helps explain why benefit loss can be financially devastating.

A Brockton special needs planning attorney can identify these risks before they become emergencies. A legal professional can often prevent and fix common risk factors by: 

• Identifying assets that could be “countable” for SSI purposes
• Drafting trusts that give trustees proper discretion to avoid disqualifying distributions
• Coordinating planning with MassHealth for Massachusetts families

Why You Should Hire a Brockton Special Needs Planning Lawyer

Special needs planning is a coordinated system that includes trust design, trustee authority, benefit rules, and long-term care considerations. All components must work together. When you hire a special needs planning lawyer, they can help ensure this system remains effective even as laws and life circumstances change.

Albanese Law, LLC, brings leadership and experience, as attorney Matthew P. Albanese has served as past president of the Massachusetts chapter of NAELA and currently serves as co-chair of its DEI committee. He has also worked as legal counsel to the Massachusetts House of Representatives Committee on Medicaid, providing first-hand insight into how benefits laws are shaped and applied.

Additionally, Attorney Albanese was appointed by the Governor to the Massachusetts Elder Economic Security Commission, a role dedicated to protecting vulnerable populations.

Contact Albanese Law, LLC, Today

Families in Brockton and throughout Plymouth County turn to Albanese Law, LLC, for thoughtful special needs and elder law planning. Contact us at Albanese Law, LLC, today to schedule your free consultation.