Special Needs Planning in Germantown, TN

Protecting Benefits Eligibility & Building Long-Term Support

Families caring for a loved one with disabilities face a planning challenge most estate attorneys rarely address directly: how do you provide lasting financial support without disqualifying that person from the government benefits they depend on? At Snider & Horner, PLLC, we help Germantown-area families work through that challenge as part of our estate planning services. Our firm has served clients in Tennessee and Mississippi since 1996, and we bring the same practical, personalized approach to this work that we apply across every area of our practice.

Call us at (901) 730-8880 to schedule a consultation about planning for your loved one’s future.

What Special Needs Planning Covers

The central goal is straightforward: arrange financial support for a person with disabilities in a way that doesn’t disqualify them from means-tested programs like Supplemental Security Income (SSI) or TennCare, Tennessee’s Medicaid program. Both programs impose strict asset limits, generally $2,000 for an individual. A direct inheritance, an outright gift, or a personal injury settlement paid directly to the beneficiary can push them over that threshold and suspend their benefits.

Special needs planning typically involves a combination of tools tailored to the family’s situation, which may include:

• A special needs trust to hold supplemental funds outside the beneficiary’s countable assets
• Powers of attorney and healthcare directives for the parent or caregiver
• Conservatorship planning for when a child with disabilities reaches adulthood
• A letter of intent to give future trustees and caregivers guidance on daily routines, medical needs, and preferences

Because benefit rules and family circumstances change, a special needs plan isn’t a one-time document. Reviewing it periodically keeps the plan aligned with your loved one’s actual needs.

Special Needs Trusts: The Core Legal Tool

A special needs trust (SNT) holds and manages assets for a person with disabilities so those funds aren’t counted toward SSI or TennCare eligibility limits. The trust must be structured to supplement, not replace, government benefits. Funds are used for goods and services public programs don’t cover, such as transportation, recreational activities, or technology.

Three Types of Special Needs Trusts

First-Party Special Needs Trust
Funded with the beneficiary’s own assets, such as a personal injury settlement or an inheritance already received. This trust must be established before the beneficiary turns 65 and must include a Medicaid payback provision, meaning TennCare is reimbursed from any remaining assets when the beneficiary passes away.

Third-Party Special Needs Trust
Funded by someone other than the beneficiary, typically a parent or grandparent. Because the assets never belonged to the beneficiary, this type generally doesn’t require a Medicaid payback provision, which makes it a useful vehicle for estate planning.

Pooled Special Needs Trust
Managed by a nonprofit organization that maintains a separate sub-account for each beneficiary while pooling funds for investment and administration. This option can work well for families who don’t have a suitable individual trustee.

ABLE TN Accounts as a Complement to a Special Needs Trust

ABLE TN is a savings program administered by the Tennessee Department of Treasury that allows residents with disabilities to save money for qualified disability expenses without affecting SSI or TennCare eligibility. Many families use an ABLE account alongside a special needs trust: the ABLE account handles smaller, routine costs while the trust holds larger sums such as an inheritance or settlement proceeds. The two tools work together rather than competing.

Guardianship & Conservatorship in Shelby County

When a child with special needs turns 18, parents lose automatic legal authority over financial and medical decisions. If the young adult can’t manage those decisions independently, the family may need to pursue a conservatorship through the courts. In Shelby County, Tennessee (which includes Germantown), these petitions are filed in the Shelby County Probate Court.

Conservatorship proceedings involve filing a petition, submitting medical evidence of the individual’s limitations, and attending a court hearing. The process has specific procedural requirements, and timing matters: starting before your child’s 18th birthday can help avoid a gap in legal authority. A letter of intent prepared alongside these legal documents gives future trustees and caregivers practical guidance that no court order can fully capture.

Integrating Special Needs Planning into Your Family’s Estate Plan

A special needs trust doesn’t stand alone. It should fit within a broader estate plan that includes a will, powers of attorney, and healthcare directives for the parents or caregivers. Without that coordination, documents can conflict, leaving gaps or directing assets outright to a beneficiary rather than into the trust.

Our firm handles estate planning, wills, and probate for clients in Tennessee and Mississippi, so we can build or update the full set of documents your family needs rather than addressing the trust in isolation.

Why Families in Germantown, TN Work with Snider & Horner, PLLC

We’ve practiced in Tennessee and Mississippi since 1996 and built a reputation for combining the resources a family needs with the attentive, cost-effective service a small firm provides. Our practice spans estate planning, probate, civil litigation, and more, which matters for families navigating this kind of planning. If a benefits dispute, a guardianship contest, or a related civil matter follows the initial planning work, you won’t need to start over with a new firm. Our attorneys are active in the communities we serve, approaching every client relationship as neighbors helping neighbors work through decisions that carry long-term consequences for the people they love most.

Start the Conversation Today

Special needs planning involves interconnected decisions about trusts, benefits, guardianship, and your family’s broader estate plan. Getting the structure right from the start can help protect your loved one’s eligibility and preserve your family’s intentions. We work with families throughout Germantown, Tennessee, and the surrounding region.

Don’t wait for a crisis to put a plan in place. Call Snider & Horner, PLLC at (901) 730-8880 or use our contact form to schedule a consultation.