Virginia Special Needs Trusts Attorney

Proudly Serving Virginia & Washington, D.C.

If you currently provide care for a child or loved one with special needs—such as mental or physical disabilities—you have likely considered how they will be supported when you are no longer able to provide for them. Special needs planning for the future is essential to ensure your loved one’s well-being, long-term security, and access to the best possible resources and support within Virginia and beyond.

Although you can leave an inheritance of funds and assets, such a bequest may jeopardize their eligibility for essential benefits under the Supplemental Security Income (SSI) and Medicaid programs. Public monetary benefits supply only the necessities of life, such as food, housing, and clothing. As you may know, these limited government benefits often fall short of providing the enriched quality of life you want for your family member. Leaving assets outright to a person receiving public benefits can result in the loss of those crucial programs.

Fortunately, the law allows assets to be held in trust—known as a “Special Needs Trust” or “Supplemental Needs Trust”—for beneficiaries of SSI and Medicaid, provided certain requirements are satisfied. With thoughtful guidance from a special needs trust attorney in Virginia, families can protect their loved one’s eligibility for benefits while also enhancing their quality of life.

Get comprehensive legal guidance from a special needs trust lawyer in Virginia. Call (888) 885-9001 or contact us promptly to schedule your free consultation.

Types of Special Needs Trusts in Virginia

Understanding the different types of Special Needs Trusts (SNTs) available in Virginia is essential for effective long-term planning. The most common types are first-party SNTs, which use the beneficiary’s own assets (for example, from an inheritance or court settlement), and third-party SNTs, which are funded by another individual, usually a parent or guardian. Each trust type must be carefully structured to comply with Virginia and federal guidelines to maintain eligibility for benefits such as Medicaid and SSI.

Virginia law addresses important distinctions for these trusts. In a first-party SNT, the remainder funds at the beneficiary’s passing must reimburse the Commonwealth of Virginia for Medicaid expenses paid—a requirement known as the “payback provision.” Third-party SNTs, however, can distribute leftover assets to other beneficiaries without payback restrictions. As your dedicated special needs trust attorney in Virginia, J. S. Burton, P.L.C. helps evaluate which trust structure matches your goals and ensures all legal standards for funding, trustee selection, and administration are met. We’ll guide you in making the right choice for your family’s legacy and unique circumstances.

Our Special Needs Trust Process and What to Expect

When you partner with J. S. Burton, P.L.C., you gain a knowledgeable team dedicated to clear communication and a seamless process. Our work begins by learning about your family’s distinct needs, resources, and the life you envision for your loved one with disabilities. In our initial consultation, we explain the benefits of a special needs trust, establish your objectives, and answer questions about Virginia requirements for SNTs, so you can proceed with confidence and clarity.

We collect details about your family member’s benefit eligibility, assets to be included in the trust, and any specific care or support requirements. Our team drafts a legally compliant trust agreement, assists you with choosing a capable trustee, and coordinates with financial professionals in Virginia Beach, Williamsburg, or McLean. Where first-party trusts require court involvement, we walk you through every step and file all required paperwork. After the trust is funded, you receive comprehensive instructions regarding administration, reporting, and compliance with both Virginia and federal standards. We are committed to providing proactive guidance, regular communication, and peace of mind for you and your family throughout the process.

How Our Virginia Law Firm Supports Your Special Needs Trust Needs

Our law firm can help you set up a Special Needs Trust so your loved one will continue to qualify for government benefits while safely receiving assets that address the supplemental needs that go beyond food, shelter, clothing, and Medicaid services. The Special Needs Trust is structured specifically to supplement—not replace—public benefits. Parents and family members should know that funds from the trust cannot be distributed directly to the beneficiary. Rather, distributions must go to third parties who provide goods and services for the beneficiary’s use and enjoyment.

When working with families in Virginia, we take time to understand your priorities as well as the specific needs of your loved one. Establishing a Special Needs Trust in Virginia often involves navigating state-specific guidelines, such as those in the Code of Virginia § 64.2-779.10, which clearly detail permitted uses and trustee duties. We help determine whether a first-party or third-party trust is appropriate, ensure compliance with state law, and integrate the trust into your overall estate plan. From assistance in selecting a trustee to helping families meet Virginia’s annual reporting requirements or work with local courts, our knowledgeable team delivers a holistic solution. As a result, your loved one’s quality of life is maintained, your intentions are honored, and every legal requirement for Special Needs Trusts in Virginia is fulfilled.

Enhancing Quality of Life with a Special Needs Trust

With a properly structured Special Needs Trust, your loved one may receive a wide range of supplemental goods and services, all without jeopardizing their government benefit eligibility. These enhancements support independence, enrich day-to-day living, and create new experiences—so your family member can enjoy a more complete and engaged life in Virginia and beyond.

Families are often pleased to learn that Special Needs Trusts can fund diverse opportunities—especially in Virginia, where programs and resources promoted by organizations around Virginia Beach, Williamsburg, and McLean help individuals with disabilities thrive. For example, a trust may support therapeutic activities, adaptive classes, or social outings, many of which aren’t covered by Medicaid or SSI. Trust assets can also be used for home modifications to increase accessibility or for technology and equipment that enhance learning. As your special needs trust lawyer in Virginia, we help you leverage these options so your trust is used to its fullest benefit while carefully complying with state and federal guidelines.

Supplemental expenditures that fall under an SNT in Virginia include:

• Annual check-ups at independent medical facilities
• Attendance at religious services
• Supplemental education and tutoring
• Out-of-pocket medical and dental expenses
• Transportation, including vehicle purchases
• Maintenance of vehicles
• Materials for hobbies or recreational activities
• Funding for trips or vacations
• Entertainment such as movies, shows, or ballgames
• Goods and services that add pleasure and quality to life, such as computers, videos, furniture, or electronics
• Athletic training or competitions
• Special dietary needs
• Personal care attendants or escorts

Maximize Benefits with a Comprehensive Special Needs Plan

Creating a Special Needs Trust is just one vital part of comprehensive planning for a loved one with a disability. At J. S. Burton, P.L.C., our special needs trust attorneys in Virginia provide legal services designed to address every facet of your family’s needs, offering a truly integrated approach. Assistance from our dedicated team ensures you receive advice tailored to Virginia law and your unique situation—from enhancing government benefits to protecting lifelong financial security.

We recognize that effective planning integrates both legal and practical considerations, so your family’s goals and daily realities are addressed comprehensively. For Virginia clients, this means factoring in the availability of support programs, eligibility thresholds, and connections with community resources in Virginia Beach, Williamsburg, or McLean. As your special needs trust lawyer in Virginia, we make certain that healthcare professionals, financial advisors, and other support providers communicate and collaborate for your loved one’s benefit. Because laws and circumstances change, we remain closely involved, regularly reviewing your plan, keeping you informed of regulatory changes, and providing ongoing support so your plan remains effective over time.

Our comprehensive special needs planning services include:

• Financial planning for long-term care
• Guardianship and decision-making support
• Estate planning to safeguard assets and public benefits
• Coordination with professionals, such as financial advisors and social workers
• Routine reviews and updates to adapt to changing needs

Let us help you create a holistic special needs plan that provides peace of mind and security for your loved one with disabilities. Contact J. S. Burton, P.L.C. today to get started.

Virginia Estate Planning for Beneficiaries with Disabilities

Special Needs Trusts should be a central part of your estate plan if you wish to support disabled beneficiaries after your lifetime. Generally, SNTs are either stand-alone trusts funded with distinct assets like a life insurance policy or can be created as a sub-trust within an existing living trust. A special needs trust attorney in Virginia can help you determine which approach best protects your loved one’s interests while ensuring continued benefit eligibility.

Incorporating a Special Needs Trust into your Virginia estate plan guarantees your wishes for your loved one are carried out in compliance with state law. Our attorneys invest time to understand your family’s circumstances, guide you in funding the trust with assets like Virginia-based real estate or retirement proceeds, and ensure full alignment with the Virginia Uniform Trust Code. We coordinate with local probate courts in Virginia Beach, Williamsburg, or McLean when necessary, and provide ongoing advice to adapt to legal or personal changes. By focusing on both compliance and compassion, our team helps secure lifelong support for your beneficiary and lasting peace of mind for your family.

Contact the attorneys of J.S. Burton, P.L.C at (888) 885-9001 for a consultation today.

Frequently Asked Questions

What Is the Process for Setting Up a Special Needs Trust in Virginia?

Setting up a Special Needs Trust in Virginia involves several important steps that safeguard your loved one’s interests. First, you’ll meet with a special needs trust attorney in Virginia to assess your unique circumstances and identify which type of trust—first-party or third-party—aligns with your goals. After gathering relevant financial records and details about your family member’s needs, we draft a trust document that complies with Virginia law and federal benefit guidelines. In situations involving first-party trusts, court approval may be necessary, and we manage all correspondence and filings with the related circuit court. Once signed and notarized, the trust must be funded, and the trustee must be educated about their responsibilities. Our extensive guidance equips you to navigate administrative duties, maintain compliance, and achieve security for your loved one now and in the years ahead.

Can I Act as the Trustee for My Child’s Special Needs Trust?

Yes, a parent may serve as the trustee for their child's Special Needs Trust in Virginia, but it is essential to understand the significant administrative and legal responsibilities. Trustees are expected to manage trust assets prudently, stay current with changing laws, ensure that distributions only supplement rather than replace government benefits, and preserve detailed records for review by Virginia and federal agencies. Mistakes can jeopardize eligibility and may cause benefits to be suspended. Our team educates parents and family members considering this important role, reviews potential co-trustees or successor arrangements, and, if appropriate, discusses options for engaging a professional trustee. When you work with a special needs trust lawyer in Virginia, you receive the education and ongoing support needed to confidently fulfill trustee obligations.

How Are Special Needs Trust Distributions Monitored by Virginia Agencies?

Trust distributions made in Virginia are monitored closely by state and federal agencies to maintain the integrity of benefit programs. Trustees in Virginia must maintain accurate, current records and document every payment or service provided for the beneficiary. The Virginia Department of Social Services may request detailed trust statements, particularly for those receiving Medicaid or SSI. Annual reviews, audits, and routine reporting help ensure that trust distributions do not compromise eligibility. Our firm assists trustees with preparing required documentation and reporting to state authorities, provides checklists to simplify compliance, and stands ready to address any questions about specific distributions. This proactive guidance helps prevent inadvertent errors that could disrupt your loved one’s benefits, while keeping the trust in full compliance with all state standards.

Our knowledgeable special needs trust attorney in Virginia is prepared to guide you. Call (888) 885-9001 to book your no-charge initial consultation without delay.