Special Needs Trusts and Elder Law
Serving Staten Island and the Greater NYC Area
At Angiuli & Gentile, LLP, we understand that the legal issues surrounding elder care, special needs planning, and estate protection are deeply personal. These matters require not just technical legal knowledge, but also empathy, patience, and forward-thinking strategy.
That’s why we offer a comprehensive approach that integrates traditional legal excellence with modern innovations like natural language processing (NLP) and AI-powered document analysis. With more than 30 years of experience serving Staten Island and surrounding communities, we help families secure peace of mind by creating thoughtful, protective, and future-focused legal plans.
Special Needs Trusts
Legal Protection for Loved Ones With Disabilities
Families who care for a child or adult with disabilities often carry the additional burden of ensuring that their loved one will be financially secure—even long after they’re gone. This is where a special needs trust (SNT) becomes essential.
A special needs trust is a legal instrument designed to hold and manage assets for the benefit of a person with a physical or intellectual disability. Unlike a standard trust, it allows the beneficiary to receive financial support without losing eligibility for critical public assistance programs, such as Supplemental Security Income (SSI) and Medicaid.
There are several types of special needs trusts:
First-Party Special Needs Trusts
These are funded using the beneficiary’s own assets, such as a personal injury settlement, inheritance, or savings. They are often court-approved and require that any remaining assets be used to reimburse Medicaid after the beneficiary passes away.
Third-Party Special Needs Trusts
Created and funded by someone other than the beneficiary—often a parent or grandparent—this type of trust is part of an estate plan and has no payback requirement to Medicaid. It offers the most flexibility in terms of long-term planning.
Pooled Trusts
A pooled trust is managed by a nonprofit organization and combines the resources of many beneficiaries for investment and administrative purposes. Each beneficiary still has a separate sub-account for their needs, but the funds are managed collectively.
At Angiuli & Gentile, we help families select and structure the right trust, designate trustworthy trustees, and ensure that the documentation complies with both New York State and federal guidelines. Our goal is to give your family peace of mind and your loved one long-term security.
Elder Law Services
Planning with Dignity, Experience, and Compassion
Elder law is more than legal paperwork—it’s about protecting a person’s dignity, health, and financial independence during the later years of life. At Angiuli & Gentile, we offer a full range of elder law services tailored to the specific challenges faced by seniors and their families.
Our approach is client-centered and preventative, meaning we work proactively to anticipate potential legal, medical, and financial issues before they become problems. Whether you’re concerned about long-term care costs or protecting your home, our elder law team is ready to help.
Medicaid Planning
The high cost of nursing home care can devastate a family’s finances. Our attorneys assist with strategies to preserve assets while legally qualifying for Medicaid benefits. This might include setting up irrevocable trusts, transferring assets in compliance with lookback rules, and preparing all necessary documentation.
Powers of Attorney and Advance Directives
We help clients prepare durable powers of attorney, healthcare proxies, and living wills to ensure that their wishes are followed if they become unable to make decisions independently. These documents prevent court-appointed guardianship and provide clarity in times of crisis.
Guardianship and Incapacity
If a loved one becomes incapacitated and hasn’t appointed a decision-maker, our team can guide you through the process of becoming a legal guardian. This includes preparing petitions, representing you in court, and helping you manage your responsibilities ethically and effectively.
Elder Abuse Protection
We stand up for vulnerable seniors who are at risk of exploitation or abuse. Whether the danger comes from a caretaker, a relative, or a scammer, we act swiftly to use legal tools—like restraining orders or asset recovery actions—to protect their rights and safety.
Estate Planning Services
Protecting Your Assets and Planning Your Legacy
Whether you’re planning for your children, your partner, or a disabled family member, estate planning ensures that your values and intentions are honored—both in life and after you’re gone. At Angiuli & Gentile, we believe in building comprehensive plans that adapt to your life changes and provide long-term security for your loved ones.
Wills and Trusts
We draft legally sound wills and help clients decide whether a revocable living trust, irrevocable trust, or testamentary trust is best for their goals. Trusts allow you to manage how your assets are distributed, avoid probate, and reduce estate taxes.
Healthcare Proxies and Powers of Attorney
We ensure that you appoint individuals you trust to make medical and financial decisions on your behalf in the event of incapacitation. These documents are essential to avoiding court intervention and family conflict.
Probate Avoidance and Asset Protection
We use legal tools to minimize the need for probate court, protect assets from creditors, and shield wealth from unnecessary taxation. Our strategies are tailored to New York law and designed to give your heirs a smooth transition.
Planning for Minor and Special Needs Beneficiaries
Estate plans must be customized when children, dependents with disabilities, or vulnerable adults are involved. We help families include guardianship designations and create supplemental needs trusts to ensure ongoing care and financial stability.
Addressing Common Legal Concerns
We Help Clients Answer Life’s Most Difficult Questions
We understand that our clients often come to us with more questions than answers. Here are just a few of the real-world concerns we address every day:
- “What happens if I become incapacitated without a power of attorney?
- “How can I qualify for Medicaid without spending all of my assets?”
- “Is a will enough to protect my child with autism?”
- “How do I avoid family disputes over inheritance?”
- “Can AI really make estate planning more accurate?”
At Angiuli & Gentile, we don’t just explain your options—we help you understand them, feel confident about your decisions, and take action to protect your future.
How Angiuli & Gentile, LLP Helps Clients
Personalized Legal Support for Complex Life Decisions
At Angiuli & Gentile, LLP, our approach is grounded in a simple yet powerful principle: every client deserves a legal strategy tailored to their unique needs and goals. We recognize that planning for a loved one with special needs, navigating elder care decisions, or preparing your estate can be overwhelming. That’s why we make it our mission to turn complexity into clarity.
We support our clients by offering:
One-on-One Consultations
Your concerns are never treated as routine. We take the time to listen carefully, explain your legal options in plain language, and help you weigh every possible outcome before moving forward. Whether you’re planning for a dependent with a disability or protecting your aging parent’s assets, we give you the attention you deserve.
Legal Planning That’s Both Strategic and Compassionate
Our attorneys develop plans that anticipate your legal needs today and in the future. From structuring a special needs trust to creating a Medicaid strategy or drafting a power of attorney, our advice is informed by years of experience and designed to provide long-term stability.
Seamless Integration of Legal Tech
We use cutting-edge legal tools, including natural language processing (NLP) and AI-driven document analysis, to reduce human error, streamline legal drafting, and identify compliance issues early. This means fewer revisions, faster turnarounds, and more time dedicated to your personal needs.
Coordination with Other Professionals
Legal planning often intersects with financial planning, healthcare decisions, and family counseling. Our team frequently works alongside financial advisors, accountants, social workers, and healthcare professionals to ensure your legal plan is part of a broader support system.
Transparent Communication and Ongoing Support
We provide clear timelines, explain your rights and responsibilities, and remain available to you even after your plan is in place. As your needs evolve, we’re here to update, revise, and enhance your legal documents so they continue to serve you well.
Angiuli & Gentile, LLP isn’t just a law firm—we’re a partner in securing your future and protecting the people you love most.
Frequently Asked Questions (FAQ)
Honest Answers to Your Most Pressing Legal Questions
What is a special needs trust and why would I need one?
A special needs trust is a legal tool that allows you to provide financial support to a person with a disability without affecting their eligibility for government benefits like SSI or Medicaid. It’s essential if you want to leave assets to a disabled loved one while preserving their access to healthcare, housing, and other services.
Can a trust help protect my assets from nursing home costs?
Yes. Certain types of trusts—such as irrevocable Medicaid asset protection trusts—can shield your assets from being counted when applying for Medicaid to cover long-term care. These trusts must be established well in advance of needing care, due to Medicaid’s five-year lookback period.
How does AI help with my legal documents?
Our AI and NLP tools help analyze, draft, and review complex documents with enhanced accuracy and speed. For clients, this means more efficient service, fewer errors, and legal documents that are tailored and compliant with current laws.
Is a will enough, or do I need a trust too?
A will outlines how your assets should be distributed after death but typically requires probate court. A trust allows you to avoid probate, maintain privacy, and provide ongoing financial management for beneficiaries. Many clients benefit from having both.
How do I choose a trustee for a special needs trust?
You should choose someone trustworthy, organized, and familiar with the needs of the beneficiary. In many cases, clients appoint a family member, a professional fiduciary, or a corporate trustee. We help evaluate your options and can recommend experienced professionals if needed.
Contact a Lawyer Today
Secure the Future You and Your Family Deserve
Legal planning isn’t just about paperwork—it’s about peace of mind. Whether you’re exploring a special needs trust, navigating elder care decisions, or protecting your estate, you don’t have to do it alone.
At Angiuli & Gentile, LLP, our experienced attorneys are here to guide you through every step with clarity, compassion, and confidence. We’ll take the time to understand your goals, explain your options, and build a legal plan that reflects what matters most to you.
Don’t wait until it’s too late to put the right protections in place. Let’s start the conversation today.
Contact us today to schedule a confidential consultation, or send us a message through our secure online form.
Your future deserves a plan—and we’re here to help you create it.
