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Special Needs Planning

Special Needs Lawyer in Virginia 

Choose J. S. Burton, P.L.C. for Comprehensive Planning and Protection 

Special Needs Planning gives families with loved ones who have disabilities peace of mind about their long-term care and protection. In Virginia, you must navigate state regulations, federal laws, and unique benefits. At J. S. Burton, P.L.C., we provide tailored legal counsel that aligns with these requirements and helps secure your family's future while addressing your immediate needs.

Families in Virginia Beach, Williamsburg, McLean, and throughout the state encounter unique local requirements. We keep up with state and regional programs and policies, so we can adapt our planning strategies for each family. Our solutions account for expected policy changes and shifts in Virginia law, helping you protect your loved one with confidence.

Special Needs Planning in Virginia involves specific state and federal laws that impact healthcare, benefit eligibility, and financial management. You need focused legal guidance to protect your loved one's well-being. Our team of experienced attorneys helps you understand your options, including Special Needs Trusts, guardianships, and government benefit programs. We take a client-first approach and provide guidance personalized to each family's needs.

Special Needs Planning also involves considering long-term care, education, and access to services to improve your loved one’s daily life. By staying connected with local care providers and schools, we help families in Virginia connect special needs planning with opportunities for social and personal growth.

Why Families Choose Us for Special Needs Planning

Families in Virginia choose J. S. Burton, P.L.C. because of our commitment to personalized service and holistic planning. We build lasting relationships and go beyond standard legal solutions to create plans designed for your family’s long-term well-being. Our team looks closely at your goals, listens to your needs, and provides flexible strategies that adapt over time.

Experience with clients across different Virginia regions gives us insight into the unique factors that impact local planning. We emphasize open communication to help you make informed choices for your loved one. By taking the time to understand your goals and values, we develop plans that fit your needs today and as circumstances change.

Key Benefits of Choosing Us:

  • Tailored Strategies: We design specific strategies to meet your family's needs, ensuring comprehensive protection and care.
  • Holistic Planning: Our services address both immediate and future requirements, with ongoing support and guidance.
  • Experienced Guidance: With over 20 years of experience, we bring knowledge and creative solutions to complex legal situations.
  • Client-First Approach: We prioritize lifelong relationships and offer services that evolve as your needs grow.

Work with local, long-trusted attorneys at J. S. Burton, P.L.C.. Dial (888) 885-9001 or complete our online form to secure a consultation.

Special Needs Planning Services We Offer in Virginia 

Special Needs Trusts & Financial Security

Special Needs Trusts are a key part of special needs planning for individuals with disabilities. These trusts let families protect assets while still qualifying for public benefits. Our attorneys guide you through setting up and managing these trusts to make sure they meet state and federal standards and fit your situation.

Virginia law recognizes several types of special needs trusts, including first-party and third-party trusts. We help families identify the right structure for their needs and explain how Virginia's legal code affects trust management. By reviewing the latest trust rules, we help guard against loss of public benefits.

We help you build a strong foundation for your loved one’s financial stability through thoughtful planning and asset protection. Whether you need to establish a new trust or manage an existing one, our attorneys design solutions focused on your loved one’s future security and comfort.

We also offer ongoing support to ensure trusts receive proper funding and distributions always follow legal standards. We review and adjust trust documents as family circumstances or laws change. With regular oversight, you can be confident your loved one will stay eligible for important public supports.

Guardianships and Legal Protections

Guardianship can provide important protections when your loved one cannot make personal, medical, or financial decisions alone. At J. S. Burton, P.L.C., we guide families through Virginia's legal guardianship process, helping you choose the right level of protection and preparing supporting documentation for court.

Virginia law allows for full, limited, or temporary guardianships, each designed for specific needs. Our attorneys explain these differences and assist with the local court process, including gathering required documentation and meeting evaluation standards when requested. If you need to appear before a court in Virginia Beach, Williamsburg, McLean, or elsewhere in Virginia, we aim to streamline the experience for your family.

Our team provides consultations, prepares legal documents, and supports guardians so your loved one’s well-being always comes first. We guide you through the practical and legal steps so you can focus on care.

We also discuss alternatives to full guardianship, such as limited guardianships and power of attorney arrangements, for families seeking less restrictive ways to provide security and autonomy. By exploring these options, we help families increase self-determination while making sure their loved one stays protected and supported over time.

Maximizing Government Benefits

We help families in Virginia maximize their access to government benefits for individuals with special needs. Programs including Supplemental Security Income (SSI) and Medicaid shape care choices and financial planning. Our team explains benefit eligibility and helps families create legal strategies that align with benefit requirements.

Local programs like Medicaid waivers and support from the Virginia Department of Behavioral Health and Developmental Services play a big role in care. We walk clients through state applications, renewals, and appeals so they can access the right services and resources. Our guidance draws on our understanding of agency procedures and benefits available in Virginia Beach, Williamsburg, McLean, and the surrounding areas.

Strategies for Benefits Maximization:

  • Evaluating Benefit Options: Assessing available programs and determining the best fit for your loved one’s needs.
  • Maintaining Eligibility: Structuring assets and income to ensure continuous access to necessary benefits.
  • Long-Term Planning: Developing strategies that account for evolving legal and financial landscapes impacting benefits.

We monitor legal and policy changes and adjust our strategies to help maintain and enhance your family’s benefit access. Our attorneys communicate with agencies and advocate for families to help you stay informed about your choices and the path forward.

For peace of mind, work with an experienced special needs planning lawyer in Virginia. Contact J. S. Burton, P.L.C. via online form or call (888) 885-9001 to request a consultation.

Understanding ABLE Accounts and Supplemental Planning Options in Virginia

ABLE accounts help individuals with disabilities in Virginia save for important expenses without losing public benefits like SSI or Medicaid. Our attorneys guide families through the Virginia ABLEnow program, which offers a flexible way to manage savings for housing, education, transportation, and healthcare. Virginia ABLE accounts let account holders keep access to necessary programs while setting aside funds for a better quality of life. We explain contribution limits, tax advantages, and how families can align ABLEnow accounts with trusts or other planning tools. By understanding how ABLE accounts work in Virginia, you gain more options for your loved one’s future stability.

Life Transitions: Planning for Adulthood and Long-Term Support

When a child or family member with special needs approaches adulthood, Virginia law brings new legal, financial, and care decisions. Our team helps you get ready for the changes at age 18, when medical, financial, and educational matters require direct action from your loved one. We explain supported decision-making, advance directives, and Virginia programs your family can consider as your needs evolve. We focus on step-by-step planning, working through local agencies and resources, so you feel confident through each transition. Our process aims to give long-term security and comfort as your loved one moves into adulthood and beyond. For skilled guidance, turn to a special needs lawyer in Virginia at J. S. Burton, P.L.C..

Reach out to a special needs attorney in Virginia for experienced legal support. Complete our online form to start the process promptly.

FAQs About Special Needs Planning in Virginia 

What Is a Special Needs Trust?

A Special Needs Trust (SNT) is a legal arrangement designed to manage resources for a person with disabilities without affecting their eligibility for government benefits. At J. S. Burton, P.L.C., we craft SNTs that align with both federal and Virginia-specific requirements, helping families secure their loved ones' financial and care needs. These trusts can either be first-party, funded by the individual's assets, or third-party, created by a family member, and are essential in ensuring government benefits remain intact.

How Can a Lawyer Help With Special Needs Planning?

A lawyer plays a crucial role in navigating the complex legal landscape of special needs planning. At J. S. Burton, P.L.C., our attorneys provide comprehensive services from drafting Special Needs Trusts to establishing guardianships, ensuring compliance with all legal obligations. With a focus on personalized legal strategies, we offer guidance that secures your loved one's future and provides continuous support as needs evolve.

Our involvement extends beyond legal paperwork. We provide insights on disability law and policy, as well as how they intersect with your family’s goals. With this approach, your plan can adapt to future changes and challenges with confidence.

How Does the Law Protect Individuals With Special Needs in Virginia?

The law provides protections for individuals with special needs in Virginia, including guardianship laws, educational rights, and access to benefit programs. By understanding these laws, J. S. Burton, P.L.C. can help you build strong plans that protect your loved one throughout their lifetime.

We closely track policy changes and reform proposals to keep our strategies responsive to your family’s situation. By staying current with legal trends, we help guard your loved one's best interests.

Get Started With Your Special Needs Planning Now

Special needs planning helps ensure protection and well-being for those you love. At J. S. Burton, P.L.C., our attorneys combine legal knowledge, personalized service, and a deep understanding of Virginia’s laws to guide you through every step. Whether you are starting from scratch or want to review an existing plan, we are ready to support your family with thoughtful, individualized guidance.

Contact us at (888) 885-9001 to schedule a consultation with our compassionate and dedicated special needs lawyer in Virginia. Secure the future for those you love and gain peace of mind knowing you have the support of a trusted legal partner.

Opinions That Matter Most

Read What Our Former Clients Have to Say
    "If you're looking for trustworthy and skilled professionals for your estate planning, look no further!"
    I recently had the pleasure of working with Fallon Whidden from the JSBurton Law Firm for my estate planning needs, and I cannot recommend them highly enough!
    - Tamara C.
    "I give them a 5* plus! Honest, Reliable, and Caring!"
    John Burton is the best and most honest that I have found. You can rely on him for all your needs. Once you have spoken to him, you won't be going anywhere else.
    - Richard K.
    "We highly recommend them"
    We recently had our Living Trust prepared by Fallon at JS Burton, PLC and they did an excellent job. Everything was explained in great detail and Fallon was awesome to work with! We highly recommend them for estate planning services.
    - Paul H.
    "An excellent estate planning attorney"
    Mr. Burton, Esq. is an excellent estate planning attorney and I recommend him with a 5 star rating. He is patient and answers all questions. His organization of the plan that he provided was in a binder and very complete.
    - Jeffrey S.
    "Very professional, friendly, thoughtful, and highly knowledgeable, Fallon expedited preparation and delivery of my documents. Overall, this was an awesome experience"

    I just had a great experience with this firm in preparing my estate planning documents. I needed to update some wishes and also ensure everything is in line for the state of Virginia, as I moved here from Pennsylvania. I worked with Fallon Francesca Whi

    - Wendy V.
    "I would highly recommend him."
    I have met with Mr Burton several times and always found him to be professional and personable
    - Bonnie T.
    "Highly recommended for estate planning"
    We were heard and guided to do the best for our families needs
    - Fred S.
    "Friendly and personable service."
    J S Burton, PLC has helped with my estate planning. All aspects of my trust are clearly defined in an easy-to-understand folder. They coordinated with my financial planner seamlessly. The staff is friendly and personable. I highly endorse J S Burton.
    - Elizabeth M.

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    FAQs

    • What is estate planning?

      When someone passes away, his or her property must somehow pass to another person. In the United States, any competent adult has the right to choose the manner in which his or her assets are distributed after his or her passing. (The main exception to this general rule involves what is called a spousal right of election which disallows the complete disinheritance of a spouse in most states.) A proper estate plan also involves strategies to minimize potential estate taxes and settlement costs as well as to coordinate what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event of death or disability. On the personal side, a good estate plan should include directions to carry out your wishes regarding health care matters, so that if you ever are unable to give the directions yourself, someone you know and trust can do that for you.

    • Why is it important to establish an estate plan?

      Sadly, many individuals don’t engage in formal estate planning because they don’t think that they have “a lot of assets” or mistakenly believe that their assets will be automatically shared among their children upon their passing. If you don’t make proper legal arrangements for the management of your assets and affairs after your passing, the state’s intestacy laws will take over upon your death. This often results in the wrong people getting your assets as well as higher estate taxes.

      If you pass away without establishing an estate plan, your estate would undergo probate, a public, court-supervised proceeding. Probate can be expensive and tie up the assets of the deceased for a prolonged period before beneficiaries can receive them. Even worse, your failure to outline your intentions through proper estate planning can tear apart your family as each person maneuvers to be appointed with the authority to manage your affairs. Further, it is not unusual for bitter family feuds to ensue over modest sums of money or a family heirloom.

    • What does my estate include?

      Your estate is simply everything that you own, anywhere in the world, including:

      • Your home or any other real estate that you own
      • Your business
      • Your share of any joint accounts
      • The full value of your retirement accounts
      • Any life insurance policies that you own
      • Any property owned by a trust, over which you have a significant control
    • How do I name a guardian for my children?
      If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them), he or she automatically continues to remain their sole guardian. This is true despite the fact that others may be named as the guardian in your estate planning documents. You should name at least one alternate guardian in case the primary guardian cannot serve or is not appointed by the court.