At Jarvis Law Office, P.C., our special needs trust attorneys help Ohio families protect public benefits, plan for future care, and avoid probate. Since May 2003, our team of 35-plus professionals has helped families understand disability-benefit planning and long-term care considerations without relying on generic documents.
A special needs trust allows funds to be set aside for a loved one with a disability without directly disrupting needs-based benefits such as SSI or Medicaid. This matters because SSI and Medicaid have strict financial eligibility rules, and a direct gift, inheritance, or injury settlement can put benefits at risk.
Jarvis Law Office helps Ohio families choose between first-party, third-party, and pooled trust options based on their situation. We also coordinate special needs trusts with broader estate plans, future caregivers, guardians, and probate-avoidance goals so the plan works when it is needed most.
If you are planning ahead for a child with disabilities or protecting benefits after an unexpected inheritance or settlement, our team guides you through each step.
Our Special Needs Trust Services in Ohio
- Special needs trust planning
- First-party special needs trusts
- Third-party special needs trusts
- Pooled trust guidance
- Trust drafting
- Trust funding assistance
- SSI and Medicaid eligibility protection
- Public benefits coordination
- Trustee selection and guidance
- Trust administration support
WE WILL SPEAK FOR YOUR RIGHTS
Contact us for a free, no obligation consultation to discuss your options. You may find that you are entitled to payment if your claim was denied or underpaid. Let Jarvis Law Office be your advocate
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Why Choose Jarvis Law Office, P.C. for Special Needs Trust Planning
Hands-On Trust Funding
We do not stop at signed paperwork. Our team actively helps retitle accounts and move assets into the trust so benefits stay protected from day one.
Probate Avoidance and Strategic Planning
Every plan is structured to keep your loved one’s inheritance out of probate court and aligned with SSI and Medicaid rules under Ohio law.
Plain-English Education
We walk families through every decision in language anyone can follow, so trustees and parents feel confident managing the plan on their own.
One-Time Flat Fee
You pay a clear, one-time fee. No recurring insurance-style charges, no monthly subscriptions, no surprise invoices.
Collaborative, Long-Term Support
We work alongside your existing financial advisor instead of replacing them, and we stay available as life and laws change.
Ohio-Licensed and Trusted Locally
Our attorneys are licensed by the Supreme Court of Ohio and active members of the Ohio State Bar Association, serving families from offices in Lancaster, Dublin, and St. Clairsville.
First-Party vs. Third-Party Special Needs Trusts
Here is a quick breakdown to help you spot the different trust types.
First-Party Special Needs Trust
A first-party trust holds assets that already belong to the person with disabilities. Common sources include a personal injury settlement, back pay from Social Security, or a direct inheritance received outright.
Under federal law, these trusts must be established before the beneficiary turns 65 and typically require a Medicaid payback provision when the trust ends.
Third-Party Special Needs Trust
This is the most common option for Ohio families planning ahead. Parents, grandparents, or other relatives fund it with their own assets, often as part of an inheritance or estate plan.
Because the assets never belonged to the person with disabilities, the trust avoids Medicaid payback rules after the beneficiary passes away. Any remaining funds can pass to other heirs you choose.
Trustee Duties and Common Mistakes to Avoid
Here is a breakdown of trustee duties and mistakes to avoid:
Do:
- Pay providers and vendors directly instead of routing money through the beneficiary.
- Keep receipts, statements, and a simple ledger for every distribution.
- Review SSI and Medicaid rules before approving housing, food, or cash-equivalent purchases.
- Call the attorney before making large, unusual, or first-time distributions.
Don’t:
- Hand cash or write checks directly to the beneficiary for general spending.
- Buy gift cards or prepaid debit cards, which SSA often treats as income.
- Mix trust funds with personal or family accounts.
- Skip annual accountings or ignore requests from Medicaid for trust information.
About Jarvis Law Office, P.C.
Since 2003, Jarvis Law Office, P.C. has helped Ohio families build estate plans that protect what they have worked a lifetime to earn. We focus on probate avoidance, trust planning, and the kind of long-term guidance families with special needs loved ones actually need.
Our team of 35+ professionals does more than draft documents. We help fund trusts, explain how each piece works, and stay available as life changes. That is rare in this field, and it is the reason families stick with us across generations.
We work alongside your financial advisor, not against them. Our flat-fee structure means no surprise bills and no insurance-style monthly charges. You get a clear plan, real support, and a team that picks up the phone when you have questions about your special needs trust five or ten years from now.
How Special Needs Trusts Protect SSI and Medicaid Benefits
SSI and Medicaid have strict financial limits, so a direct gift, inheritance, or settlement can put benefits at risk. A properly drafted special needs trust protects eligibility by holding assets outside the beneficiary’s personal resources while allowing the funds to support needs public benefits do not cover.
The right trust structure is vital. First-party special needs trusts generally require Medicaid payback language, while third-party special needs trusts often avoid payback because the assets never belonged to the beneficiary.
Trustees must also manage distributions carefully by avoiding improper cash payments, paying vendors directly when appropriate, keeping detailed records, and following current SSI and Medicaid rules.
When drafted and administered correctly, a special needs trust helps preserve benefits while adding financial support for care, comfort, and quality-of-life expenses.
Our Process for Ohio Families
1. Talk Through Your Family Situation
We start with a conversation about your loved one, their needs, and your long-term goals.
2. Review Benefits and Assets
We map out current SSI, Medicaid, and other benefits alongside the assets you want to protect.
3. Choose the Right Trust Type
Together we decide between a first-party or third-party special needs trust based on your circumstances.
4. Build the Planning Documents
Our team drafts the trust and supporting documents tailored to Ohio law.
5. Help Fund the Trust
We actively assist in moving assets into the trust so the plan actually works when needed.
6. Educate Trustees and Family
We train trustees and family members on their duties, distribution rules, and how to protect benefits.
7. Provide Long-Term Support
We stay available for questions, updates, and life changes so your plan keeps pace with your family.
Frequently Asked Questions About Special Needs Trusts
Can grandparents, aunts, or uncles contribute to a special needs trust I set up for my child, or do they need their own separate trust?
Family members can absolutely contribute to a single third-party special needs trust you have established, and this is usually the cleanest approach. Pooling contributions into one trust avoids the administrative headache of managing multiple trusts and keeps everything coordinated under one trustee.
What is the difference between an ABLE account and a special needs trust, and do I need both?
ABLE accounts and special needs trusts serve different purposes, and many Ohio families benefit from using both. An Ohio STABLE account lets the beneficiary save up to $18,000 per year (as of 2024) for disability-related expenses without losing benefits, and they can control the funds directly. A special needs trust, by contrast, has no contribution limit, is managed by a trustee, and can hold much larger inheritances, real estate, or life insurance proceeds.
What happens to the money left in a first-party special needs trust when my child passes away?
This is one of the biggest differences between first-party and third-party trusts. A first-party SNT, funded with the beneficiary’s own assets like a personal injury settlement, contains a mandatory Medicaid payback provision under federal law. When the beneficiary dies, Ohio Medicaid is reimbursed for benefits paid during their lifetime before any remaining funds pass to other family members.
Can the trustee pay for things like rent, food, or vacations, or are there strict limits on what the trust can cover?
The trustee has wide discretion, but distributions must be structured carefully to avoid reducing SSI benefits. Paying rent or buying groceries directly for the beneficiary counts as “in-kind support” and can reduce their SSI check by up to one-third. However, the trust can pay for vacations, electronics, therapy not covered by Medicaid, education, transportation, and countless other quality-of-life expenses without any benefit impact.
What Ohio Clients Say About Jarvis Law Office
“My husband and I just got our planning in place and it was a very informative and painless process.” – Courtney P
This reflects how we turn what feels overwhelming into a calm, manageable experience for families planning ahead.
“He took the time to explain every detail clearly, which made a complicated situation much easier to understand.” – Luke B
Special needs trust planning involves layered rules around SSI and Medicaid, and clear education is central to how we work.
“She was friendly, professional, and went above and beyond to help me… someone who genuinely cares.” – Nate T
Families planning for a loved one with a disability deserve a team that listens with compassion and treats every situation with respect.
“He’s had over 20 years experience… makes me feel better about choosing his firm.” – MaryEllen G
Two decades of Ohio trust and estate work means clients get guidance grounded in real experience, not guesswork.
“From intake to years down the road when you need to just refresh your memory on how things work.” – Courtney P
Special needs trusts often last decades, and clients count on us to remain available long after the documents are signed.
Local Resources in Ohio
- Ohio Department of Medicaid
- Ohio Department of Developmental Disabilities
- County Boards of Developmental Disabilities
- Disability Rights Ohio
- Ohio Legal Help
- Ohio State Bar Association
- Ohio Probate Courts
- County Probate Court where the beneficiary lives
- County Job and Family Services offices
- Social Security Administration Ohio field offices
- Ohio ABLE/STABLE Account Program
- Ohio Department of Aging
- Ohio Long-Term Care Ombudsman
- Ohio Department of Mental Health and Addiction Services
- Local Area Agencies on Aging
- Ohio Center for Autism and Low Incidence
- The Arc of Ohio
- National Alliance on Mental Illness Ohio
- Ohio Coalition for the Education of Children with Disabilities
Contact Us Today
If you need help creating or updating a special needs trust in Ohio, contact Jarvis Law Office, P.C. to discuss your family’s goals and next steps. Our team will walk you through your options, answer your questions, and build a plan that protects your loved one’s benefits for the long haul.
Call today to schedule your consultation.
