Special Needs Trust Lawyers in Salem
Helping Clients Protect Loved Ones with Disabilities in Albany & Keizer
Planning for a vulnerable dependent’s financial future can carry heavy emotional weight. Many families Johnson & Taylor helps in Marion County and Polk County admit they put off this legal step for years because of the anticipated stress, fear of complexity, and anxiety about unpredictable legal costs. Our attorneys explain the benefits of special needs trusts and which type fits your circumstances, helping you avoid the trepidation of the process.
A Special Needs Trust (SNT) is a financial arrangement that supports people with disabilities while preserving their eligibility for government benefits such as Medicare, Medicaid, and SSI. Parents, guardians, or grandparents usually set up these trusts, which can include multiple assets such as cash, investments, and real estate. Under the direction of lead practice partner Ryan Johnson, our team absorbs the administrative burden, handling court communications and complex details so your family doesn't have to navigate the bureaucracy alone.
Thinking of creating a special needs trust in Salem for your loved one? Request a free case evaluation by calling (971) 318-5516. Se habla español. We explain our fees and processes clearly upfront during your initial consultation.
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“My experience was exceptional. Interacting with Ryan and Mayra was professional, yet very personal. They expertly guided me through the complex process of preparing a Revocable Living Trust and Power of Attorney, and more, ensuring that every detail was meticulously handled. Ryan’s deep knowledge and clear explanations made me feel confident and informed at every step. Mayra’s attention to detail and friendly demeanor made the entire experience smooth and stress-free.”- Deb S.
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“My wife & I, recently completed our Estate Planning to protect our family and everything we have built this far. The attorneys were very professional and walked us through the process of doing the right kind of estate planning that was best for our family. I highly recommend them for your estate planning needs. Also, his assistant Debbie was Amazing. Thank you again!”- Joaquin B.
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“Debbie was respectful and prompt in all of our discussion. Recommend them to anyone needing help with probate.”- Ruben G.
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“I had no idea how to handle my father's insolvent estate after his death and I was in distress. The staff at Johnson &Taylor were compassionate to my situation and set up a consultation when no other firm would give me the time of day. It was the best money well spent.”- Leah D.
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“Johnson and Taylor have been an incredible help to my wife and mother-in-law as they navigated the process of setting up a Special Needs Trust. Ryan, in particular, has been outstanding—patient, understanding, and always willing to take the time to explain every step clearly. He’s made what could have been a complicated and stressful process feel smooth and manageable. We truly appreciate the care and attention they’ve given our family, and we’re grateful to have had such a dedicated and compassionate legal team on our side.”- Casey W.
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“She was knowledgeable, professional, & prompt in her responses...while also being personable & friendly. She made a complicated process easy to navigate. Thx Debbie!”- Kathy L.
Types of Special Needs Trusts in Oregon
Several types of special needs trusts are available, each with its own purposes and requirements.
In Oregon, the main types of SNTs include:
- First-Party Special Needs Trust. This type of trust is funded with assets that belong to the person with special needs. These assets often include the proceeds from a personal injury settlement or an inheritance. To establish a first-party trust, the disabled person must be younger than 65 when it is created.
- Third-Party Special Needs Trust. This type of trust is funded with assets that belong to someone else, such as a parent or grandparent. Age restrictions do not apply to a beneficiary of a third-party trust.
All special needs trusts must be carefully drafted. Because we handle family law and estate planning under one roof, we can seamlessly coordinate your living trusts, wills, and powers of attorney, even if family dynamics change due to divorce or overlapping probate issues.
How Can Funds from a Special Needs Trust Be Used in Oregon?
A special needs trust is used to pay for “extras,” not necessities like rent, food, or utilities. A person with a special needs trust cannot receive cash or gift cards from the SNT funds. However, a special needs trust can be used for activities such as recreation, education, and medical expenses not covered by Medicaid.
These funds may be used for:
- Dental work, eyeglasses, and therapies not covered by medical insurance
- Training and education
- Vacations and travel
- Recreation and entertainment such as movies, sports games, concerts, and social events
- Electronics, including video game systems, computers, and other devices
- Home furnishings
- Wheelchairs and medical devices
- A vehicle
- Insurance
- Transportation services such as a bus pass, train fare, Uber, or airline ticket
- Payments for a hired companion
- Legal expenses
- Burial expenses
It is important for a trustee to understand how the funds from a special needs trust can be used. Whether you live in Keizer or are managing care from another state, our lawyers know which language to use to avoid violating strict federal and state rules, and we can guide your chosen trustee through their obligations.
Advantages of Special Needs Trusts in Oregon
Preservation of Government Benefits
One of the primary benefits of a special needs trust is that it can help preserve a person’s eligibility for needs-based government assistance programs, such as Supplemental Security Income (SSI) and Medicaid. These programs have specific income and resource limits, and receiving an inheritance or other financial assets may affect eligibility. A properly structured special needs trust can allow funds to be managed for a person’s benefit while helping protect access to certain public benefits. Our wills and trusts lawyers can explain how these trusts work, discuss the applicable eligibility requirements, and help you determine whether a special needs trust may be appropriate for your loved one.
Supplemental Support
While programs like SSI and Medicaid help meet a disabled person’s basic needs, a special needs trust provides additional financial support for items and activities that improve their quality of life. This can make a huge difference in someone’s overall well-being and happiness.
Asset Management
The trustee responsible for managing a special needs trust must always keep the beneficiary’s best interests at the forefront. This means that they follow the terms outlined in the trust document and ensure trust assets are invested and distributed appropriately. Choosing a trustee who can manage the SNT responsibly and understands the needs of the person with disabilities is vital.
Why Choose Johnson & Taylor?
Founded in 2012, Johnson & Taylor has over a decade of dedicated service representing Salem, Albany, Keizer, and surrounding Oregon communities. We provide personalized service with direct access to your lead attorney. You benefit from our deep familiarity with local judges and courtroom procedures in the Marion County Circuit Court, and our office is conveniently located adjacent to the courthouse in downtown Salem.
While our attorneys handle the heavy lifting of court communications, clients consistently praise our two-tiered support system. Our paralegals serve as highly responsive lifelines for day-to-day questions.
With an AV Preeminent® Rating from Martindale-Hubbell® and hundreds of verified five-star client reviews, we are dedicated to helping you create a trust that addresses your loved one’s needs. Call our firm at (971) 318-5516 or reach out online to set up a consultation.
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