Special Needs Planning
Schedule A consultationWhen people in the Colorado Springs or Denver Colorado area have a family member or loved one with disabilities, they typically have a lot of questions about special needs planning. Special needs planning is all about assembling a collection of legal tools designed to allow a person with disabilities the ability to take advantage of any applicable government assistance programs, while at the same time maintaining the family’s ability to provide that person with financial assistance. A good special needs plan is something that takes time and preparation and is also something that might need to change over the years. Today, let’s take a look at this type of planning, and some common questions associated with it.
What are special needs planning?
In general, special needs planning is a process by which you and your attorney create a variety of legal tools to help a family member or close loved one with a disability. Most people with special needs have significant disabilities that prevent them from caring for themselves, taking care of their own finances, or living a completely independent lifestyle. These types of plans are those that both people with disabilities, and their family members and loved ones, can create that will allow a person with disabilities to be as independent as possible.
What does a special needs plan look like?
There is no single “one-size-fits-all” solution when it comes to planning. However, there are a variety of tools that most people will include when they create a plan of their own. One of these is the special needs trust.
A special needs trust is a specific kind of trust designed to allow a person with disabilities the ability to receive financial support from family members or loved ones, while at the same time maintaining eligibility for government assistance benefits.
This trust operates in much the same way that any other type of trust operates. Essentially, someone creates the trusts, transfers money or property into the trust’s name, and then appoints a trustee who will manage the trust on behalf of the beneficiary. (The beneficiary is the person who can use or benefit from the property the trust owns.) In a special needs trust, the person with disabilities is typically the sole beneficiary. The trust is allowed to provide for the financial needs of the person with special needs, but because that person doesn’t own the money, he or she can still apply for and receive government benefits.
How do I create a special needs trust?
In order to create special needs trust, you need to make sure that the needs of the person with disabilities match the tools you plan on creating. Creating the proper type trust is something that you should only do after speaking with an attorney and evaluating all the legal options available to you.
Getting more information
For more information on trusts contact us through email. We’d love to help you with any questions you may have.
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At Hammond Law Group, our estate planning attorneys work together to create meaningful, lasting estate plans for Colorado families. Each member of our team shares a commitment to personal connection, clear communication, and compassionate service.

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Frequently Asked Questions About Estate Planning in Colorado Springs
What Is Estate Planning, and Why Work With an Attorney?
Estate planning is the process of evaluating your situation and goals and designing a plan to ensure things go smoothly when your time comes. It includes preparing the legal documents and instructions that guide how your assets and personal affairs will be managed in the event of your incapacity or passing. A thoughtful estate plan also outlines how your property will be handled, who will make financial and healthcare decisions for you, and how you’d like to provide for your loved ones. It also includes planning for your pets, digital assets, personal property, and many other issues that aren’t covered by legal documents alone.
Working with estate planning attorneys in Colorado Springs and Denver helps you take the right steps from the beginning. At Hammond Law Group, you will find the process clear and approachable. Our attorneys take time to understand your goals, discuss your options, and help you create an estate plan that reflects your wishes. Rather than using one-size-fits-all templates, your documents fit your unique situation, giving you confidence and clarity about your future and your family’s well-being.
What Documents Are Included in an Estate Plan?
A well-designed estate plan includes several types of estate planning documents, each serving a specific purpose. These may include a will , which outlines how your assets will be distributed after death, and a living trust , which allows your property to be managed and transferred without going through probate .
You may also include a financial power of attorney , which authorizes someone you trust to handle your financial matters if you become unable to do so, and healthcare directives that express your medical wishes. Beneficiary designations , guardianship nominations , and advance care plans often play a role as well.
Our estate planning attorneys in Colorado Springs and Denver walk you through each document, explain how they work together, and make sure they align with your personal and family goals. We work with you to prepare a customized, cohesive, and easy-to-follow plan that brings comfort and peace of mind to you and your family.
How Is a Will Different From a Trust?
Both a will and a trust are foundational estate planning documents, but they serve different purposes. A will provides instructions on how to distribute your assets after death, and can name guardians for minor children. It becomes effective only after you pass away, and it typically goes through probate , the court process for validating and carrying out your wishes.
A trust , by contrast, is a legal arrangement that takes effect as soon as it’s created. A living trust allows you to manage your property while you’re alive and determine how those assets are handled after your death. Because assets in a trust are owned by the trust itself, they avoid conservatorship if you become incapacitated and avoid probate when you pass away, saving time, costs, and stress for your family.
Our estate planning lawyers can help you decide whether a will, trust, or a combination of both is right for you, depending on your priorities and the level of privacy and control you wish to maintain.
When Should I Start Long-Term Care Planning?
It’s never too early to begin long-term care planning . Many people start this process while they’re healthy and independent, which allows more flexibility and choice in arranging care options later. Planning ahead can help protect assets, maintain financial stability, and make sure your healthcare directives reflect your personal values.
Our estate planning attorneys assist with preparing strategies for Medicaid planning , retirement planning, and asset management so you can plan responsibly for future care needs. At Hammond Law Group, you’ll learn how to balance medical costs, family responsibilities, and your estate goals, so your loved ones can focus on supporting you rather than worrying about logistics.
Early planning not only provides peace of mind, but also gives you more control over where and how you would receive care in the future.
What Does an Elder Law Attorney Do?
Elder law attorneys help individuals and families go through legal issues that arise with aging. This may include Medicaid planning , guardianship , long-term care , and estate planning matters that protect both your assets and your dignity.
At Hammond Law Group, our team assists elders in Colorado Springs and Denver with compassionate, knowledgeable guidance. You need a firm that takes the time to listen and develop plans that help you maintain independence and financial security while preparing for future care needs. Whether you’re addressing housing options, powers of attorney, or conservatorship, it is possible to simplify complex matters into manageable steps so you can move forward with clarity and confidence.
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Colorado Springs, CO
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(719) 520-1474
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