San Jose Special Needs Planning Attorney For A Lifetime Of Care

Last updated on June 18, 2026

When you’re caring for a child with special needs, the journey doesn’t get any simpler as they grow into adulthood. You want to provide financial support without risking their access to essential public assistance programs like Supplemental Security Income (SSI) and Medi-Cal. The same is true if you’re a friend or relative looking to provide gifts or bequests to a loved one with special needs. The right tools can ensure that your loved one continues to live a life of comfort long after you’re gone.

At the Law Offices of Berge & Berge, we understand the complex feelings and challenges that come with navigating this territory. Our lawyers in San Jose provide compassionate representation to help clients in California create estate plans that reflect their goals and values, including supporting a loved one with disabilities. Special needs planning is a big part of what we do. We understand how to leverage the right legal and financial strategies to safeguard your loved one’s future while maintaining their eligibility for vital public benefits. To discuss your loved one’s future and the planning tools that may help protect their care, call the Law Offices of Berge & Berge at 669-244-3546.

Common Reasons For Special Needs Planning

Families often begin special needs planning when money, care or public benefits could be affected by a life change. These concerns may include the following:

• Financial vulnerability: Direct oversight can protect funds from misuse, fraud or rushed spending.
• Benefit disruption: Improper transfers can affect SSI, Medi-Cal and other needs-based programs.
• Housing limits: New resources can change rental aid, placement options or long-term residence plans.
• Settlement protection: Injury proceeds can require careful structuring before distribution or deposit.
• Parent aging: Future caregiving can become harder when parents lose capacity or pass away.
• Divorce awards: Support payments can create eligibility concerns when a recipient has disabilities.
• Sibling pressure: Written instructions can divide duties before one family member carries everything alone.

A clear plan can help your family avoid rushed decisions and give your loved one steadier support.

Planning For Your Loved One With Special Needs

Special needs planning may require several legal and financial tools. The right mix depends on your loved one’s benefits, assets, care needs and long-term goals. Our services include the following:

• Trust creation: Proper drafting can hold assets for disability-related needs while preserving access to needs-based programs.
• Court protection: Formal authority can allow a trusted person to manage health, housing or financial decisions.
• Fiduciary direction: Practical guidance can help the selected trustee handle records, payments and distribution limits.
• CalABLE savings: Qualified accounts can set aside funds for approved expenses while giving the beneficiary more control.
• Care coordination: Long-range planning can address housing, medical care, transportation, daily assistance and quality of life.

These services can work together as part of a broader estate plan built around protection, independence and family peace of mind.

Types Of Special Needs Trusts

Special needs planning involves various tools, predominantly trusts. Here’s a brief look at different types of special needs trusts:

• First-party special needs trusts: These trusts are funded with the beneficiary’s own assets – for example, inheritances or settlement money.
• Third-party trusts: These are funded by someone other than the beneficiary, often parents or relatives.
• Pooled trusts: These trusts allow multiple beneficiaries to pool resources for investment and management purposes. They’re typically managed by nonprofit organizations.

With strong backgrounds in finance – including a lead attorney who is also a Certified Public Accountant – our team is well-positioned to help you explore these trusts and choose the right path for you.

Led by a board-certified specialist in estate planning, trust and probate law,* our lawyers understand how to implement these and other gifting strategies tailored to your vision. With an advanced degree in tax law, our lead attorney can help you minimize estate and gift taxes to preserve the full value of your generosity.

*Credentialed through the California Board of Legal Specialization