Spokane Special Needs Planning Attorney

Comprehensive Special Needs Planning Services in Spokane, Washington

When it comes to protecting a loved one with special needs, proper estate planning is essential. A Special Needs Trust allows an individual with disabilities to remain on income-based government benefits and inherit estate assets or receive a settlement that would otherwise disqualify them from needed benefits.

A Spokane Special Needs Planning Attorney can help you:

  • Protect assets of a beneficiary who has a disability and requires income-based benefits, such as Medicaid;
  • Hold a personal injury settlement or inheritance for a period of time so that it doesn’t disqualify a disabled beneficiary from receiving income-based benefits, such as Social Security Disability; or
  • Receive assets from a senior with disabilities who is trying to qualify for Medicaid.

Although the special needs beneficiary cannot directly access funds in the Special Needs Trust, the funds may be used to pay personal care attendants,  medications, physical therapy, transportation, medical bills, and clothing.

If you have a loved one with special needs that you would like to plan for, contact the Spokane special needs planning attorneys at Evergreen Elder Law today for a free consultation.

Protecting a loved one with a special needs trust can ensure there is no lapse in government benefits. We offer your loved one protection, so they can still receive benefits from the government. The special needs planning attorneys at Evergreen Elder Law understand how to ensure you receive your government benefits and still receive benefits from a personal injury, settlement, or inheritance. Contact our Spokane office today for a free consultation.

The Most Common Reasons People Create a Special Needs Trust:

  • To protect assets that belong to a beneficiary with a disability who needs benefits (such as Medicaid).
  • To hold assets such as a personal injury settlement or inheritance awarded to a disabled person already receiving benefits (such as social security disability or Supplemental Security Insurance)
  • To receive assets from an elderly disabled person who is trying to qualify for Medicaid themselves.

The main purpose of a Special Needs Trust is to ensure there is no lapse or reduction in benefits and to avoid a penalty period being imposed for benefits because of an improper transfer of funds. Working with a special needs planning attorney will help you to ensure your loved ones are taken care of in the best way possible.

Frequently Asked Questions About Special Needs Planning

Can A Special Needs Person Directly Access the Trust?

The special needs beneficiary cannot directly access the Special Needs Trust funds. The funds can be used to pay vendors directly for services such as personal care attendants, medication, physical therapy, vehicles, transportation, travel, clothing, education, medical or dental bills. This type of trust is an excellent tool to increase a person’s 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

Consult with a Special Needs Planning Attorney at Evergreen Elder Law and we will help you stay eligible for government benefits.

Do I Need an Attorney To Set Up an SNT in Spokane?

SNTs must be properly drafted in order to protect a beneficiary’s right to receive means-tested public benefits. To best protect the government benefits for which an individual with disabilities may be eligible, it is important to discuss which type of SNT should be used in a specific situation with an attorney who is proficient in special needs planning.

Further Questions About Special Needs Planning In Eastern Washington?

With a task as complex as estate planning, sometimes getting started is the hardest part. We know it can be overwhelming, but we encourage you to take the first step to ensure your child’s critical public benefits are maintained in the future. We offer free consultations online, over the phone, or in our convenient office located in Spokane.

If you have more questions but about Special Needs Planning but aren’t quite ready for a consultation, you can also choose to sign up for a recording of our recent Special Needs planning webinar. To learn more, please visit our ‘Free Webinar Recordings’ page.

Contact a Spokane 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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Spokane 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.


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.


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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.

Do you need support with Estate Planning & Elder Law?

Our attorneys at Evergreen Elder Law are ready to stand by you over the long term and work hard to protect your interests. Contact us to get started!