RKPT's special needs planning attorneys help Ohio families protect the people they love, safeguard financial security, and provide care and support that lasts a lifetime. Whether you are raising a child with a disability, supporting an adult family member with special needs, or looking for peace of mind about your own care, we can help.

Caring for a loved one with special needs is one of the most meaningful responsibilities a family can carry. The centerpiece of this work is often a special needs trust, also called a supplemental needs trust: a tool that lets you set aside funds without jeopardizing the person's eligibility for government benefits.

Supplemental Security Income and Medicaid can greatly improve a person's financial wellbeing, but eligibility depends on income and assets. A well-intentioned gift or inheritance can accidentally disqualify someone from the very benefits that keep their care affordable. Special needs planning allows a family's resources to supplement government assistance without putting that eligibility at risk.

When funds are recovered through a personal injury claim after an accident that left someone disabled, we structure the right trust so that the recovery improves quality of life without costing the beneficiary their benefits.

Why Special Needs Planning Matters

For individuals with disabilities, and for the families who support them, the most pressing question is how to provide for someone's future without accidentally disqualifying them from the government benefits that keep their care affordable. This is the heart of special needs planning.

Supplemental Security Income (SSI) and Medicaid are means-tested, which means eligibility depends on both medical need and personal assets.



SSI limits at a glance, 2026

Countable resource limit. $2,000 for an individual, $3,000 for a couple.

Federal benefit rate. $994 per month for an individual, $1,491 for an eligible couple.

When a well-meaning grandparent leaves a modest inheritance to a grandchild, or a personal injury settlement comes through, the recipient can find themselves over the asset limit. Benefits can stop entirely, which is a frightening prospect for a family that depends on those programs for long-term care.

Special needs planning exists to solve exactly this problem.


Special Needs Trusts: An Overview

Special needs planning is a coordinated strategy built around a few important questions. Who will manage the money? Who makes decisions if my loved one cannot? How do we provide for a family member with a disability without putting their benefits at risk? Special needs planning answers these questions and tailors them to your family's circumstances.

A special needs trust lets a person with a disability benefit from money set aside for them without that money counting against benefit eligibility. The assets are held and managed by a trustee and used to pay for things that improve the person's quality of life, including education, technology, travel, recreation, specialized equipment, and personal services.

The key principle is that trust funds supplement, rather than replace, what public programs provide. Money in a properly drafted trust is not counted as the beneficiary's personal resource, so it does not push them over the SSI or Medicaid asset limit. What the trust cannot do is hand cash directly to the beneficiary or pay for basic needs already covered by government programs, since either can reduce or eliminate benefits. Payments generally go straight to providers instead.


Common Types of Special Needs Trusts

Not every trust works the same way. The right structure depends on whose money is funding it, how much is involved, and who your family wants managing it.

Third-Party Trusts

A third-party trust is funded with someone else's money, most often a parent's or grandparent's, and carries no Medicaid repayment obligation. This structure lets the person who created the trust decide what happens to any money remaining at the end of the beneficiary's life.

First-Party Trusts

A first-party trust is funded with the beneficiary's own assets, such as a personal injury settlement or an inheritance already received. These trusts follow different rules, have their own tax treatment, and generally require a payback provision directing that Medicaid be reimbursed from what remains at the end of the beneficiary's life.

Pooled Trusts

Pooled trusts are managed by nonprofit organizations that combine many beneficiaries' funds for investment purposes while keeping a separate account for each person. They can be a practical option when the amount involved is modest, or when a family prefers a professional nonprofit trustee. What happens to funds remaining at the end of the beneficiary's life depends on how the trust is funded and how the agreement is written, so this is worth understanding before you sign.

Guardianships and Decision-Making Authority

Guardianships and conservatorships often come into play as a child with a disability approaches adulthood, when families face decisions about who holds decision-making authority. We help you weigh guardianship against less restrictive options and prepare the powers of attorney and healthcare directives that fit your loved one's needs.

Choosing among these structures, and drafting the trust so it satisfies both Social Security's rules and Ohio's Medicaid rules, is not a do-it-yourself project. Small drafting mistakes can defeat years of careful planning at the moment it matters most. We encourage families to work with a special needs planning attorney from the start.


Why Ohio Families Choose RKPT for Special Needs Planning

Special needs planning sits at the intersection of family, finances, and a complicated set of government rules that change over time. Small mistakes in trust language or funding can undo years of careful saving and leave your loved one ineligible for public benefits. RKPT's special needs planning attorneys understand both the legal requirements and the human stakes involved.

RKPT has served Ohio families since 1965. Because we handle guardianships, Medicaid asset protection, estate planning, and personal injury under one roof, your plan can account for every piece of your family's situation rather than just the piece in front of us. We work with parents planning for a child's lifelong care, with adult children helping aging parents, and with individuals planning for their own retirement.

Our clients come away knowing their loved ones will be cared for, their benefits are protected, and their family has a plan that holds up over time.



Frequently Asked Questions About Ohio Special Needs Planning

Does Ohio use the same SSI and Medicaid asset limits as the rest of the country?

Yes. SSI is a federal program, so the $2,000 individual resource limit and the $994 monthly federal benefit rate for 2026 apply in Ohio as they do nationwide. Ohio Medicaid follows federal eligibility frameworks, but the state administers the program and applies its own procedures, which is why it helps to work with an Ohio attorney who knows how the rules are applied here.

Are special needs trusts and supplemental needs trusts different things in Ohio?

No. In Ohio, as elsewhere, the terms are used interchangeably. Both describe a trust designed to hold assets for a person with a disability without disqualifying them from means-tested public benefit programs. What matters is not the label but whether the trust is drafted correctly for that person's situation.

If I set up a third-party trust for my child in Ohio, will the state take what is left when my child dies?

No. A properly drafted third-party special needs trust, funded with your money rather than your child's, carries no Medicaid payback requirement in Ohio. Any funds remaining at your child's death can pass to other family members or beneficiaries you name. This is different from a first-party trust, which does require Medicaid reimbursement.

When should I start special needs planning?

As early as possible. The most expensive mistakes in special needs planning usually come from waiting: an inheritance left directly to a beneficiary, a settlement received without a trust in place, or an enrollment window that closes before anyone realizes it was open. Planning ahead preserves options that a crisis takes away.

Does having a special needs trust affect Medicare or a Medicare Supplement plan?

Generally, no. Medicare is not means-tested, so eligibility is based on age or disability status rather than assets. A supplemental needs trust does not affect Medicare or Medigap eligibility. The trust protects means-tested programs like SSI and Medicaid. That said, coordinating all of a person's coverage and benefits together is exactly the kind of big-picture planning that prevents costly gaps.

My family member is under 65 and has a disability. Can they get a Medicare Supplement plan in Ohio?

It depends. Ohio does not broadly guarantee Medigap access to everyone under 65 with a disability, though specific guaranteed issue situations exist. Ohioans disenrolled from Medicaid, for example, may qualify to buy a Medicare Supplement policy if they act within the required window. Because these protections are narrow and time-sensitive, confirm the current rules before assuming coverage is or is not available.

Do I need a Medicare Supplement plan?

It depends on which kind of supplement your family actually needs. If you are 65 or older, enrolled in Original Medicare, and want protection from unpredictable out-of-pocket costs, a Medicare Supplement (Medigap) plan is worth serious consideration.

If you are caring for a child or adult with a disability, planning an inheritance, or facing a settlement that could jeopardize means-tested benefits, what you likely need is a supplemental needs trust and a coordinated special needs plan. In that situation, the right insurance policy matters, but it is secondary to protecting the government benefits that fund daily care.

Where can Ohioans get free help with Medicare questions?

Ohio's Senior Health Insurance Information Program (OSHIIP), run through the Ohio Department of Insurance, offers free, unbiased Medicare counseling at 1-800-686-1578. For establishing trusts, estate planning, and protecting benefit eligibility, call us at (513) 721-3330.


Talk With an Ohio Special Needs Planning Attorney

Whether your question is about a Medicare Supplement plan, a supplemental needs trust, or how the two fit into your family's larger estate plan, the answer starts with a conversation about your specific situation. The attorneys at RKPT help Ohio families protect eligibility for essential programs, safeguard financial security across generations, and build plans that improve quality of life for individuals with disabilities and the people who love them.

Call (513) 721-3330

Or request a consultation online