Special Needs Attorney on Long Island

45+ Years of Estate & Elder Law Experience, Focused on Long Island Families

When a family member has a disability, financial planning carries consequences most families aren’t prepared for. An inheritance, a personal injury settlement, or even a well-intentioned gift paid directly to a person with disabilities can eliminate their eligibility for Supplemental Security Income (SSI) and Medicaid if it isn’t structured through the right legal vehicle. Special needs planning exists to close that gap: providing financial support for your loved one today and after you’re gone, without putting their government benefits at risk.

At The Fedele Law Group PLLC, we work with Long Island families on the full range of special needs planning matters, from supplemental trusts and ABLE accounts to guardianships and transition planning. Our practice is concentrated on estate planning and elder law, which means we stay current on the New York law changes that affect these plans directly. Contact us to schedule a strategy session and start building a plan tailored to your family’s situation.

Call The Fedele Law Group PLLC today at (631) 519-9831 or contact us online to schedule a consultation with our Long Island special needs planning attorneys.

Understanding Special Needs Planning in New York

The core goal of special needs planning is benefit preservation: structuring assets so they remain available to your loved one without triggering disqualification from SSI or Medicaid. New York draws an important distinction between two types of trusts that serve this purpose.

A special needs trust (sometimes called a first-party trust) is funded with assets that already belong to the person with disabilities, such as a personal injury settlement or an inheritance paid directly to the individual. A supplemental needs trust is funded by a third party, typically a parent or grandparent, and is the more common planning tool for families setting aside money for a child or sibling with disabilities. Both trust types are designed so that assets held in trust don’t count against SSI or Medicaid eligibility thresholds, and both can pay for expenses government programs don’t cover: therapies, home modifications, transportation, education, personal care items, and more.

Proper drafting is critical. Trust language that doesn’t meet federal and New York requirements can lead a benefit agency to deny SSI or Medicaid coverage. Pooled trusts, administered by nonprofit organizations, are another option worth understanding, particularly for families who need an institutional trustee or for individuals with excess income who receive Medicaid home care services. ABLE accounts complement trust planning by providing a tax-advantaged savings option for qualifying individuals that doesn’t affect benefit eligibility up to statutory limits. You can learn more about ABLE accounts on the SSA website. A dedicated page on special needs trusts covers drafting considerations in more detail.

Special Needs Planning Matters We Handle

Every family’s situation is different. Some are planning ahead for a child who will need lifelong support; others are responding to a sudden change and need to restructure existing assets quickly. We assess each client’s circumstances and build a strategy that addresses both immediate needs and long-term goals.

Our special needs planning services include:

• Medicaid planning: Medicaid applications and benefit coordination to preserve eligibility
• Trusts: Third-party trusts drafted to New York and federal standards
• Special needs trusts: First-party trusts for individuals with their own assets to protect
• ABLE accounts: Tax-advantaged savings accounts that work alongside trust planning
• Guardianships: Court proceedings in Nassau and Suffolk County courts when the individual can’t make decisions independently
• Transition planning: Legal and financial steps as a child with special needs approaches adulthood

New York Guardianship & the Age-18 Transition

One of the most time-sensitive issues in special needs planning is the legal transition that happens when a child with disabilities turns 18. Under New York law, parents lose automatic authority to make financial and medical decisions on their child’s behalf at that point, regardless of the child’s actual capacity. Without a plan in place before that birthday, families can find themselves without legal standing to act on their loved one’s behalf.

Guardianship Pathways in New York

New York offers two main guardianship pathways for families in this situation. A 17A Surrogate’s Court guardianship is available for individuals with developmental or intellectual disabilities. It requires certification from either two licensed physicians or one licensed physician and one licensed psychologist, confirming the nature and permanency of the disability. An Article 81 Supreme Court guardianship covers a broader range of incapacitated individuals and is tailored to each person’s specific functional limitations rather than a diagnostic category.

When a Court Proceeding May Not Be Necessary

Not every situation requires a court proceeding. If your loved one has the cognitive capacity to participate in their own decision-making, they may be able to execute advance directives including a power of attorney, health care proxy, and living will. This allows trusted family members to remain legally involved after age 18 without going through the guardianship process. We help families evaluate which path fits their circumstances and move through it efficiently.

Why Long Island Families Choose The Fedele Law Group PLLC

Special needs planning sits at the intersection of estate planning, elder law, disability benefits, and family dynamics. It requires a firm that understands all of those layers and tracks how New York law affects each of them. Our practice is concentrated entirely on estate planning and elder law, and our team brings over 45 years of combined experience in these areas. We don’t handle unrelated areas of law, which means we stay focused on the developments that matter for our clients’ plans.

We operate from three Long Island offices in Melville, Hauppauge, and Nassau County, making us accessible across both Nassau and Suffolk Counties. Virtual consultations are available for families who prefer to meet remotely. Our team is bilingual in English and Spanish, supporting clear communication for Spanish-speaking families navigating complex planning decisions. Families across Long Island have shared their experiences on Google, Facebook, Yelp, and Avvo, and what they describe reflects what we work toward in every case: a plan that actually fits the family, explained in plain language, with attorneys who stay reachable throughout the process.

Start Your Family’s Special Needs Plan

The right time to put a special needs plan in place is before a crisis makes the decisions for you. Whether you’re planning ahead for a child with lifelong support needs or responding to a change in circumstances, we can help you understand your options and take the steps that can protect your loved one’s financial future.

Contact The Fedele Law Group PLLC online or by phone to schedule a strategy session. We can assess your situation, walk through the planning tools available to your family, and help you build a plan that works both now and after you’re gone.

Call our Long Island special needs attorneys at (631) 519-9831 or reach out online to schedule your strategy session.