Protect What Matters

Special Needs Trust Attorney in Norwich, Kansas

If you have a child or loved one with a disability, you have probably asked yourself the same question that keeps so many Norwich, KS parents up at night: what happens to them when I am gone? The answer is not simply leaving them money. Without the right legal structure, an inheritance can actually disqualify your loved one from the government benefits they depend on.

A special needs trust changes that. It protects their future without costing them their care.

What Norwich Families With Special Needs Loved Ones Need to Know

A standard inheritance or gift can disqualify a person with disabilities from Medicaid and Supplemental Security Income
Without a special needs trust, a well-meaning bequest can do more harm than good
General estate planning documents do not account for the specific rules around government benefits
The right trust must be carefully drafted to comply with both federal and Kansas state requirements

These are not theoretical risks. They happen to families who did not get the right guidance in time.

Special Needs Trust Attorney in Norwich, Kansas

Trusted Special Needs Trust Planning for Norwich Families

At Advanced Legal Planning, we help Norwich families and those throughout Kingman County create special needs trusts that provide long term financial security for loved ones with disabilities without jeopardizing their access to essential government programs.

Attorney Mark Galloway holds dual LL.M. degrees in Elder Law (University of Kansas) and Tax (Boston University). He understands both the legal structure of special needs trusts and the tax implications that can affect them over time, giving Norwich families a level of expertise that is rare in Kansas.

Our Medicaid Planning Blueprint

Step 1: Schedule a Free Consultation Get clarity about your loved one's situation and what protections are needed.
Step 2: Create a Legal Plan That Protects Their Future We draft a special needs trust tailored to your loved one's specific circumstances and benefit programs.
Step 3: Secure Their Future With Confidence Your loved one is provided for, their benefits are protected, and your legacy is preserved.

What Are My Options?

Without the assistance of insurance, the monthly expense of long term care is difficult for most families to cover. There are three options to pay for Long Term Care expenses.

Long Term Care Insurance

Long Term Care Insurance is designed to pay for chronic medical conditions. These policies pay a daily rate.

Cost: According to the 2020 Price Index, a healthy 55 year old male should expect to pay about $1,700 per year for a policy that offers benefits of $164,000. If unused, those benefits compound over time to offer $386,500 by age 85.

Tax Deductions: If you itemize your deductions, Federal and Kansas tax laws allow a deduction for part or all of your Long Term Care insurance premiums as medical expenses.

State Partnership Program: Having a qualifying Long Term Care policy enables you to apply for Medicaid under modified rules, allowing you to keep more resources and still qualify.

Private Pay

Without the help of any insurance, an individual is required to pay for Long Term Care from their own resources. In Kansas, the average expense will be near $100,000 per year. Bank accounts can drain quickly at this rate. One way individuals sometimes raise the needed funds is to get a reverse mortgage on the family home.

Many people believe they are required to use all of their resources to pay for this care until they are poor enough to qualify for Medicaid. Advanced Legal Planning may be able to help you qualify more quickly while preserving a significant percentage of your assets.

Medicaid

Medicaid is a needs based benefit to pay for medical care. If you qualify, Medicaid can pay for Assisted Living, Home Health Care, or a Skilled Nursing Facility. Whether someone needs care immediately or there is time to plan, Advanced Legal Planning works with individuals and families to design plans that:

- Protect the most assets,

- Qualify for Medicaid as quickly as possible, and

- Allow for the best care to be provided to loved ones in need of Long Term Care.

Local Client Story

"We had no idea that leaving money directly to our daughter could have caused her to lose her Medicaid coverage. Mark walked us through every option and put a plan in place that gives us complete peace of mind about her future."

— Karen and Dale H., Norwich, KS

Safeguard Your Loved One's Future With a Special Needs Trust.

We provide personalized education and trusted guidance to individuals and families in Norwich, helping you make informed, confident decisions about protecting your loved one's long term security without the confusion or risk of going it alone.

Schedule a Consultation

FAQS

What is a special needs trust?

A special needs trust is a legal arrangement that holds assets for the benefit of a person with disabilities without counting those assets toward their eligibility for government programs like Medicaid and Supplemental Security Income. It allows you to provide for your loved one financially while preserving their access to essential benefits.

Why can't I just leave money directly to my child with a disability?

A direct inheritance or gift can push a person with disabilities over the asset limits required to qualify for Medicaid and SSI. Even a well intended bequest can cause them to lose their benefits immediately. A properly drafted special needs trust holds those assets in a way that does not count against eligibility.

What can special needs trust funds be used for?

Trust funds can supplement the care provided by government programs, covering things like education, recreation, technology, travel, personal care items, and other quality of life expenses that government programs do not pay for. The trust cannot replace benefits by paying for things Medicaid or SSI already covers.

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

A third party special needs trust is funded with assets belonging to family members, such as an inheritance or gift, and is the most common type used in estate planning. A first party trust is funded with assets belonging to the person with disabilities, such as a personal injury settlement. Each has different rules and implications that an experienced attorney will walk you through.

Does a special needs trust affect my overall estate plan?

Yes, and it needs to be coordinated with your full estate plan. Beneficiary designations, life insurance policies, retirement accounts, and your will all need to be reviewed to make sure no assets pass directly to your loved one in a way that could disqualify them from benefits.

What happens to the trust when my loved one passes away?

That depends on the type of trust. With third party special needs trusts, remaining assets can pass to other named beneficiaries. With first party trusts, remaining assets may be subject to Medicaid payback provisions. Your attorney will explain the implications for your specific plan.

Can I add a special needs trust to an existing estate plan?

Yes. If you already have a will or trust in place, it can often be amended to include special needs planning provisions. In some cases a standalone special needs trust is the better approach. We will help you determine the right path.

How can Advanced Legal Planning help Norwich families?

We listen to your family's situation, design a special needs trust that meets all federal and Kansas requirements, and coordinate it with your broader estate plan so every piece works together. Our goal: Protect What Matters — your health, your family, and your future.

Areas We Proudly Serve

At Advanced Legal Planning, we provide special needs trust planning and Elder Law services to families across Kansas and Northern Oklahoma. Whether you are in Wichita, Derby, Hutchinson, or any of the surrounding cities, our mission is the same: to help you protect your home, your savings, and your legacy while securing the long term care you or your loved ones need.

Not in the immediate Wichita area? We proudly serve families across Kansas and Northern Oklahoma. Virtual meetings are available by request. Schedule a Virtual Consultation and get peace of mind without leaving your home.