Special Needs Attorney in South Jordan, UT
Protecting Your Loved One’s Benefits While Securing Their Future
When a family member has a disability, how you structure assets, inheritances, and estate plans can determine whether they keep access to Medicaid, Supplemental Security Income, and other government benefits they depend on. SSI and Utah Medicaid long-term care programs generally cap countable assets at $2,000 for eligible individuals. A properly structured special needs trust can keep assets outside that threshold, helping preserve eligibility while still providing meaningful financial support. Without that structure in place, a gift or inheritance intended to help can instead trigger an immediate loss of benefits.
Since 2014, Sandberg, Stettler, & White has assisted thousands of Utahans with special needs planning throughout the Wasatch Front. Our attorneys bring over 30 years of combined experience in estate planning and public benefits law, and we’ve applied that background directly to special needs planning, including Medicaid policy navigation, Social Security coordination, and VA benefits work. We offer free consultations, available in person or virtually, so you can begin this process without financial pressure.
Begin your special needs plan today by calling us at (385) 481-5276 or using our online form.
Special Needs Planning Services in South Jordan
Special needs planning isn’t a single document. It’s a coordinated set of legal and financial tools that work together to protect your loved one’s eligibility for government benefits while filling the gaps those programs don’t cover. We build plans that address the full picture.
- Special Needs Trusts: We draft trusts designed to safeguard your loved one’s eligibility for Medicaid and SSI. A third-party trust funded by family members doesn’t require Medicaid payback at the beneficiary’s death, making it the preferred structure in most family estate plans. When the beneficiary’s own assets, such as a personal injury settlement or inheritance, must be used, we can structure a special needs trust that is designed to meet Utah Medicaid’s documentation requirements.
- Estate Planning for Families with Disabled Beneficiaries: We integrate your loved one’s disability into your overall estate planning so that every document, including wills, trusts, and beneficiary designations, works in coordination rather than at cross-purposes.
- Government Benefits Navigation: We advise on how to access and maintain Medicaid, SSI, Social Security Disability Insurance, and VA benefits without jeopardizing the beneficiary’s financial future. Trust funds can supplement government benefits by covering transportation, adaptive equipment, therapy, recreation, and personal care items that public programs don’t pay for.
- Investment Strategy Coordination: We work alongside financial advisors to develop investment approaches tailored to your family’s goals and your loved one’s specific needs.
Why South Jordan Families Work with Sandberg, Stettler, & White
What separates a special needs attorney from a general estate planning attorney is depth of experience with the public benefits systems that govern your loved one’s financial life. Our attorneys have litigated against the state to advocate for clients’ rights, helping preserve benefits and protect assets. That litigation background means we understand how Medicaid policy is actually applied, not just how it reads on paper, and we draft trusts accordingly.
We are VA-accredited attorneys, which gives us direct knowledge of Veterans Affairs benefits that intersects with special needs planning whenever a disabled veteran or a veteran’s family member is involved. Across Medicaid, Social Security, and VA systems, we’ve built an integrated approach informed by experience in each area. Planning must happen before assets change hands. We take the time to walk you through your options clearly so you can make informed decisions for your family.
Ready to protect your loved one’s future? Call us at (385) 481-5276 or use our online form to schedule a free consultation.
Why Choose Sandberg, Stettler, & White?
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Empathy & Understanding
We'll treat you with compassion - your concerns are our priority, and we're here to listen and support.
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Integrity & Experience
We uphold the highest ethical standards and bring a wealth of experience to every case.
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Client-Centered Advocacy
Your success is our success. We tailor our strategies to you and your specific needs.
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We Speak Your Language
We'll explain complex legal matters in plain language, ensuring you can make informed decisions.
Guardianship & Conservatorship in Special Needs Planning
A complete special needs plan addresses more than how assets are held. It also addresses who has legal authority to make decisions on your loved one’s behalf. For adult children with disabilities who can’t manage their own medical or financial affairs, parents may need to pursue guardianship or conservatorship through Utah district court to maintain that legal authority.
A guardian is appointed to protect your loved one’s health and well-being; a conservator is appointed to manage their finances. When an individual can’t manage their own affairs and no power of attorney was established before incapacity, the court must approve a petition supported by medical evidence before anyone can legally step in. We assist families in establishing and managing both roles as part of a holistic special needs plan, and we also draft power of attorney documents that can help prevent court proceedings when put in place before a crisis arises.
Planning Mistakes That Can Cost Your Loved One Their Benefits
Families often take steps they believe are protective but that can backfire under Utah Medicaid and SSI rules. Knowing what to avoid is as important as knowing what to do.
- Disinheriting the Beneficiary: Leaving a child with a disability out of a will preserves benefit eligibility but leaves them entirely dependent on government programs that cover only basic food, housing, and clothing, with nothing for supplemental quality-of-life needs. A properly drafted special needs trust can address both concerns.
- Leaving Assets Directly in a Will: An outright inheritance can push countable assets above the $2,000 SSI and Medicaid threshold, triggering an immediate loss of benefits. Assets should be structured through a trust to help protect eligibility.
- Relying on a Sibling’s Informal Promise: Leaving money to a sibling with the understanding that they’ll use it for their disabled family member is legally unenforceable. Those funds are also exposed to the sibling’s own creditors, divorce proceedings, and tax obligations.
- Using Generic Online Templates: Trust templates that don’t comply with Utah’s Uniform Trust Code or Utah Medicaid’s specific documentation requirements can undermine the benefit protections the trust was meant to provide.
- Failing to Update the Plan: Changes in your loved one’s condition, shifts in family circumstances, or revisions to federal and Utah Medicaid law can leave an existing plan outdated. A plan built for today’s rules may not protect eligibility under tomorrow’s.
Call us at (385) 481-5276 or use our online form to schedule a free consultation with a special needs attorney serving South Jordan and the Wasatch Front.