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Special Needs Planning2023-02-22T21:05:52+00:00

Coeur d’Alene Special Needs Planning Attorney

If you’re trying to help a loved one with special needs obtain the care they deserve while also protecting their assets, setting up a Special Needs Trust through an experienced attorney can be a huge benefit. A Special Needs Trust (also known as a Supplemental Needs Trust) is a legal instrument that allows someone who is disabled, mentally or physically, to receive a financial benefits while not risking their government benefits.

Helping a loved one in need through a Special Needs Trust can expand the range of assets a beneficiary has access to and allow them to receive a settlement or estate distribution in Trust without jeopardizing their Medicaid, SSI, or Social Security. A Coeur d’Alene Special Needs Trust attorney at Evergreen Elder Law can help you get started setting up a Special Needs Trust today.

Top Reasons People Create a Special Needs Trust

Many government programs that people with special needs rely on have asset restrictions. That means that too many assets can jeopardize a person’s eligibility for programs they depend on. The most important element of a Special Needs Trust is that it can protect the assets of a person with special needs, without risking the loss of their benefits.

Some of the most common reasons why people create Special Needs Trusts include the following:

  • To manage the assets of a beneficiary who cannot do it themselves.
  • To hold assets such as an inheritance or a personal injury settlement that may have been awarded to a person on disability.
  • To protect the assets of someone with a disability who also needs certain medical or government benefits, such as Medicaid.
  • For a third party to financially support a beneficiary after their death, and to have control over the allocation of assets.
  • To earmark assets to support a disabled person over a duration of time.

A Special Needs Trust can enhance the quality of life of people living with special needs. The Coeur d’Alene special needs planning attorneys at Evergreen Elder Law understand how important it is for you to take care of your loved ones, and we can use our experience in elder law to help you develop a comprehensive plan.

Frequently Asked Questions About Special Needs Planning

Can A Special Needs Person Directly Access the Trust?

Funds from a Special Needs Trust can be used to pay for medication, medical bills, travel, clothing, transportation, and goods and services that can improve quality of life. The special needs beneficiary does not have direct access to the funds, but those funds can directly impact their quality of life.

What Expenses Can’t a Special Needs Trust Pay For?

The special needs trust cannot pay for expenses associated with food or shelter including:

  • Groceries
  • Utility Bills
  • Homeowner or renter insurance
  • Property Taxes
  • Rent of Mortgage
  • Eating out

What are the Two Types of Special Needs Trusts?

Third party trusts are the most common and are established on behalf of a person with a disability by a third party. First party (self-settled) trusts are established with the assets of the disabled individual. An experienced Special Needs Planning attorney can help you determine which is best for your situation.

Do I need an Attorney to Set Up a Special Needs Trust in Coeur d’Alene?

Having an experienced Coeur d’Alene special needs planning attorney on your team can help you protect your loved one’s assets, or an inheritance or settlement without risking their government benefits, such as disability or Medicaid.

Free Webinar Special Needs Planning in Coeur d’Alene

The complexity of establishing a special needs trust can be complicated, especially when considering the difficulty of caring for a loved one with a disability. That’s why our Special Needs Planning attorneys at Evergreen Elder Law offer free consultations over the phone, virtually or in person.

Contact a Coeur d’Alene Special Needs Planning Lawyer Today

If you are receiving any government benefits and anticipate an inheritance call Evergreen Elder Law to obtain help setting up a Special Needs Trust. We help people keep government benefits and still receive an inheritance or settlement. We offer a free one-hour consultation to discuss your options.


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Coeur d'Alene Special Needs Planning Attorney

Our Practice Areas

Wills and Trusts


Estate Planning




Medicaid and Long Term Care Planning


Special Needs Planning


VA Benefits-Pension Aid and Attendance



I did some research and exploration and came upon the offices of Evergreen Elder Law. From the moment I spoke with the receptionist I felt respected, valued and regarded as an important client. I made an appointment for March 20, 2018. When I presented to their offices I spoke with someone who was sympathetic for my loss, confident that their offices could help and exuded competence. I was heartened to note that they were recognized as “Client Choice “Estate Law Office” for 2016.” And my experience with their offices made me a believer.


When my mother retired it became apparent we as a family needed help, Holland Mcburns was recommended by an acquaintance of the family. She was professional and very thorough and informative. I felt she was very up to date on the current opportunities that would best benefit my elderly mother, and make her retirement years worry free. After working with Mrs Mcburns, it was apparent that many people would benefit from her knowledge and dedication. I highly recommend her, and look forward to working with her on my estate planning.


Holland is very attentive and detail oriented. I felt well cared for, she returned calls promptly, and was always very sensitive to my needs. Holland gave me very good advice. She is very ethical and has legal services personalized to your needs.


Holland is a great listener and lawyer. When we came to her with our needs, she thoughtfully listened, was helpful with all our questions, and then explained our options. Her sense of humor helped us through some long waits with the system. In the end, we ended up with a surprisingly favorable settlement and a good friend in the courts.

Nadine and Mark Huck

Holland is truly one of the most sincere and professional attorneys I have come to know and over many years in the legal field. Her work is innovative in the complex area of estate planning and she strives to know the latest legal strategies to protect and represent her clients. Holland is dedicated to satisfying her clients’ needs and does it in a kind manner. She is a wonderful communicator both with her clients and with her colleagues. I highly recommend her to anyone in need of legal services.

Leesa Van Zandt

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The Evergreen Elder Law Team

Evergreen Elder Law is committed to helping you create comprehensive legal, financial, and physical security for you and your loved ones. Serving the Spokane, Tri Cities and Coeur d’Alene regions, we have the knowledge, compassion and professionalism to guide you in planning for the future, giving you peace of mind as you or a loved one makes important decisions for your family and future.

Let us provide you with a free 60-minute consultation. We are available throughout the week by phone and e-mail. Contact us now to set up the initial consultation, and we will make meeting with us easy. We welcome the opportunity to meet with you to come up with the best plan to meet your needs. We are available in-person or via tele-conference.

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