Baton Rouge Special Needs Estate Planning Lawyer

Trusted Baton Rouge Special Needs Estate Planning Attorney

If you have a loved one who is disabled, handling their finances and estate planning on their behalf can be tricky. When it comes to special needs family members, it’s important to plan for long-term care while not jeopardizing their eligibility for necessary government benefits. By working with a qualified Baton Rouge special needs estate planning lawyer, you can begin securing your family’s future.

About The Baringer Law Firm, LLC: Dedicated Baton Rouge Law Firm

Since 2005, the estate planning team at The Baringer Law Firm, LLC, has been dedicated to helping clients and their families throughout the state of Louisiana. Our attorneys have extensive practical experience overseeing the development of countless estate plans, ranging from simple to complex. We are well-equipped to help individuals with special needs and their families navigate financial and healthcare planning.

Understanding Special Needs Estate Planning Laws

One of the most important tools for special needs estate planning is establishing a special needs trust (SNT). This type of trust allows disabled adults or family members with special needs children to protect assets without forfeiting essential government benefits, such as Medicaid or Supplemental Security Income (SSI). The two variations of a special needs trust are:

• Third-party SNT. This trust is not funded with assets that ever belonged to the beneficiary. Instead, it is funded with money or property belonging to the individual’s family members. Third-party SNTs are often a part of an estate plan for someone with a special needs child.
• Self-settled or first-party SNT. This type of SNT is funded with assets that belong to the beneficiary, such as an inheritance, personal injury settlement, back payments of SSI, child support, or other funds. These trusts are heavily regulated by state and federal laws.

Another option is a Section 529A account, also known as an ABLE account. Under the Achieving a Better Life Experience (ABLE) Act, family members and others can make nondeductible cash contributions to the account of a qualified beneficiary. There are benefits and limitations to SNTs and ABLE accounts, so it’s a good idea to consult an estate planning lawyer who can help you determine an ideal approach for you or your loved one.

Special Needs Estate Planning Statistics

The number of Americans with a will or other estate planning documents has steadily declined over time. In 2022, only 33 percent of respondents in one survey said they had a will, while only 24 percent reported having a will in 2025. Just 13 percent of respondents in the 2025 survey reported having a living trust.

Medicaid is the primary program providing long-term care coverage and comprehensive health services to over one in three individuals with disabilities. This includes 8.8 million working-age adults and 4.4 million adults aged 65 or older.

To protect your or your family member’s access to Medicaid while addressing their financial planning and long-term care needs, be sure to work closely with a lawyer who understands special needs estate planning.

Where Are Special Needs Estate Planning Matters Handled in Baton Rouge?

A special needs estate planning case in Baton Rouge is typically handled by the 19th Judicial District Court system for East Baton Rouge Parish. The address of the primary courthouse is 300 North Boulevard, Baton Rouge, LA 70802. The legal venues or agencies you may encounter over the course of your case can vary. Be sure to verify any important and specific details with your special needs estate planning lawyer.

FAQs

What Is a Special Needs Trust in Louisiana?

In Louisiana, a special needs trust is a type of estate planning document that allows a disabled individual to receive or protect assets without jeopardizing their access to government benefits such as SSI or Medicaid. Instead of leaving money to the beneficiary outright, the assets are held within a trust, helping pay for numerous expenses, such as:

• Therapies, treatments, and supplemental medical care
• Caregivers or respite care
• Transportation, including ride services or vehicle modifications
• Technology and communication devices

What’s the Difference Between an SNT and an ABLE Account?

In Louisiana, one difference between a special needs trust (SNT) and an ABLE account is that SNTs can be established by anyone, while the beneficiary must meet certain requirements to be eligible for an ABLE account.

Another difference is that SNTs are more flexible because they can be used for any expenses not covered by the government, while ABLE accounts are only usable for specified expenses. Additionally, funds within an SNT are taxable, while an ABLE account’s earnings are tax-free.

How Is a Special Needs Trust Established in Louisiana?

In Louisiana, the first step in establishing a special needs trust is to consult an experienced estate planning professional. After reviewing the details of your situation, your estate planning lawyer can draft a trust suited to your needs.

If it is a first-party SNT, it may require court approval first. Once the trust is set up, it must then be funded. Finally, if the beneficiary receives government benefits, the trust must be submitted to the Social Security Administration for review.

Do I Need a Special Needs Estate Planning Attorney?

While you are not required to work with a special needs estate planning attorney in Louisiana, it is strongly advised that you do. When it comes to protecting the financial stability and future of yourself or a disabled loved one, it is important to avoid mistakes.

Estate planning can be tricky, especially when navigating disability requirements or restrictions. Working with a qualified lawyer helps you avoid confusion and procedural errors, streamlines the process, and brings you peace of mind.

Hire a Special Needs Estate Planning Lawyer in Louisiana Today

To understand the extent of your special needs estate planning options, you should hire a special needs estate planning lawyer. Look no further than The Baringer Law Firm, LLC, when searching for a skilled Baton Rouge special needs estate planning attorney. Reach out to our team today to schedule a consultation with a qualified, experienced estate planning law professional.