San Jose Special Needs Trust Attorney

Last updated on May 8, 2026

A well-structured legal plan helps protect benefits, manage assets properly and support long-term care for a child with special needs. One of the most effective tools is a special needs trust, which must be set up correctly to avoid unintended financial harm.

At the Law Offices of Berge & Berge, our special needs trust attorneys closely with families across San Jose and the Bay Area, California, to build strong special needs planning strategies. We encourage you to call 669-244-3546 early so that the trust is structured correctly from the start.

What Is A Special Needs Trust?

A special needs trust is a legal arrangement that holds assets for an individual with disabilities without affecting their eligibility for government benefits, such as SSI or Medi-Cal.

The trust allows funds to be used for approved expenses while keeping public benefits intact. A special needs trust attorney helps draft the trust to meet federal and California requirements.

How A Special Needs Trust Secures Your Child’s Future

A special needs trust supports long-term financial stability by allowing resources to be used for quality-of-life expenses that benefits do not cover. Families in San Jose and the wider Bay Area, California, rely on this planning tool to help ensure continuity of care as parents age or circumstances change.

The best time to create a special needs trust is as early as possible. Early planning gives families more flexibility and reduces the risk of assets being mishandled later.

An attorney can coordinate the trust with wills, beneficiary designations and long-term goals.

What Can Special Needs Trust Assets Be Used For? The Fundraiser Dilemma.

Trust funds must supplement, not replace, public benefits. Assets are used for:

• Medical and therapeutic services are not covered by benefits
• Education, tutoring and personal development programs
• Transportation, travel and adaptive equipment

After expenses are paid, proper recordkeeping is critical. A lawyer can help trustees manage distributions correctly and avoid costly errors.