Special Needs Lawyer in Williamsburg

A Coordinated Plan for Your Loved One’s Future

Effective planning coordinates legal authority, financial resources, public benefits, and long-term care needs. At J. S. Burton, P.L.C., we help families address trusts, guardianships, government benefit programs, and the transition to adulthood within one cohesive plan.

We serve families in Williamsburg and throughout Virginia, drawing on more than 20 years of estate and business planning experience. Our multigenerational approach accounts for the needs of the person with a disability as well as the parents, caregivers, trustees, and future family members who may support them.

Call (888) 885-9001 to discuss your family’s goals with our special needs planning attorneys.

Trust Planning That Accounts for Government Benefits

A properly structured trust can hold and manage assets for a person with a disability without necessarily treating those assets as available resources for certain means-tested benefits. Virginia Code § 64.2-779.10 defines a special-needs trust as one the trustee believes wouldn’t be considered a resource when determining a disabled beneficiary’s eligibility for government benefits.

The source of the trust property determines which structure may apply:

• First-party trust: This structure holds assets that belonged to the beneficiary, such as an inheritance received outright or settlement proceeds. At the beneficiary’s death, remaining funds must reimburse the Commonwealth of Virginia for qualifying Medicaid expenses before other distributions are made.
• Third-party trust: This structure is funded with assets that weren’t owned by the beneficiary, often through a parent’s estate plan. Remaining funds may pass to other beneficiaries without the first-party Medicaid payback restriction.

We help families select and establish the appropriate structure while considering Supplemental Security Income (SSI) and Medicaid, including Medicaid waivers. SSI generally limits countable resources to $2,000 for an individual or $3,000 for a couple. Eligibility depends on additional financial and program requirements, so we evaluate how an inheritance, trust distribution, or other asset may affect the beneficiary’s circumstances.

Guardianship & Age-18 Planning in Williamsburg

A child becomes a legal adult at age 18. Parents then lose their automatic authority to make legal, financial, and health care decisions, even when their adult child has a disability. We help families prepare before the birthday arrives and evaluate the level of assistance the young adult may need.

Guardianship Options Under Virginia Law

We assist with full, limited, and temporary guardianships. For an allegedly incapacitated adult, the circuit court determines whether the person is incapacitated and whether appointing a guardian is appropriate. Our attorneys prepare families for the local court process, handle required filings, and appear before courts in Williamsburg.

A court-appointed guardian may receive authority to make specified personal or health care decisions, depending on the court’s order. Guardians must also comply with ongoing duties, including initial and annual reports submitted to local social services.

Guardianship isn’t the only option. Supported decision-making allows an adult to choose trusted people who can explain options and assist with communication without taking away all decision-making authority. We also assist with advance directives, which document health care preferences and authorize another person to act under stated circumstances.

Virginia ABLEnow Accounts Alongside Trust Planning

Virginia ABLEnow accounts can complement trusts and other planning tools. We explain contribution limits, available tax advantages, and how an account fits with SSI resource rules. Up to $100,000 held in a state ABLE account is excluded from the SSI countable resource limit.

Important 2026 ABLEnow figures include:

• Eligibility for individuals whose disability began before age 46, effective January 1, 2026.
• Annual contributions of up to $20,000 from all sources.
• A maximum account balance of $675,000.
• A Virginia individual income tax deduction of up to $2,000 per contributor, per account, each year, with unlimited carryforward for undeducted contributions.

An ABLEnow account isn’t interchangeable with a trust. We help families consider who owns the funds, anticipated expenses, benefit requirements, and plans for any remaining assets.

What to Expect from Our Planning Process

We begin by identifying the decisions, assets, benefits, and care arrangements that require attention. Depending on the family’s circumstances, we evaluate trust planning, guardianship, supported decision-making, advance directives, ABLEnow accounts, government benefit programs, and the transition at age 18.

Our assistance may include:

• Preparing the selected trust and coordinating it with the broader estate plan.
• Managing correspondence and circuit court filings when a first-party trust requires court involvement.
• Providing instructions about trust administration, reporting, and compliance after funding.
• Assisting with government benefit applications, renewals, and appeals.

Planning doesn’t end when documents are signed. Changes involving assets, caregivers, public benefits, or the beneficiary’s capabilities may call for a review. We build an ongoing relationship so the plan can evolve with the family across generations.

Discuss Your Family’s Long-Term Needs

Families and caregivers can meet with us for a free, no-obligation consultation. We’ll discuss the decisions ahead and identify which planning tools warrant closer consideration.

The J. S. Burton, P.L.C. contact form offers a convenient way to tell us about your planning concerns.

Call (888) 885-9001 to schedule your free special needs planning consultation.