Milpitas, CA estates & probate attorney Elijah Keyes talks about providing for a loved one with special needs without jeopardizing their government benefits. He states that when someone has special needs, the primary concern is their inability to work and support themselves in the future. They will likely require ongoing assistance with housing, medical care, and food—the three largest expenses they will face.

While the federal government provides benefits for these necessities through various programs, directly giving money to a special needs individual can disqualify them from receiving these essential benefits. To address this, tools such as special needs trusts—or supplemental needs trusts in some states—can be established to hold assets for the individual while preserving their eligibility for government assistance.

He emphasizes that the best approach ensures the individual has a designated decision-maker while maximizing the likelihood of continued support from government programs, creating a reliable safety net for after the caregiver is no longer able to provide.