Special Needs trust Lawyer in Delaware County, PA

Effective special needs trust planning in PA demands an attorney who can assess your financial situation, your loved one’s condition, and their current benefits to craft a personalized strategy. That is exactly the guidance an estate planning lawyer in Delaware County with specialized disability law experience provides. By working with a skilled special needs attorney in Delaware County, you guarantee your trust meets both federal and state rules, protecting your loved one’s future and securing their much-needed support.

Key Facts About Special Needs Trusts and Asset Limits in PA

• Receiving over $2,000 in countable assets can cause immediate loss of Medicaid and SSI eligibility in Pennsylvania.
• A special needs trust holds assets in the trust’s name, not the individual’s, preserving government benefit eligibility.
• A single drafting error in a special needs trust document can cost a beneficiary tens of thousands in annual benefits.
• Reputable special needs trust lawyers in Delaware County offer transparent fee structures before any commitment is required.
• A special needs trust attorney must comply with both Pennsylvania Medicaid rules and federal SSI regulations simultaneously.

Understanding Special Needs Trusts

A special needs trust in Pennsylvania is a legal setup that manages assets for someone with disabilities without disqualifying them from government benefits like SSI and Medicaid, because the trust, rather than the individual, owns the assets. Its primary role is to safeguard these assets.

The Process of Setting Up a Special Needs Trust

To create a special needs trust in Delaware County, PA, you’ll collaborate with a special needs trust attorney who drafts a legally compliant trust document, appoints a trustee, and structures the trust to maintain your child’s eligibility for SSI and Medicaid benefits. The process involves several steps, each requiring meticulous attention.

• Initial Consultation and Assessment: A special needs trust lawyer in Delaware County, PA will evaluate your family’s financial situation, your loved one’s disability, and the government benefits currently received or expected. This evaluation guides every subsequent decision, and many attorneys offer an initial consultation at a flat or reduced rate so families can explore their options without a large upfront commitment.
• Drafting the Trust Document: The attorney crafts a document that appoints a trustee, outlines permitted distributions, and complies with Pennsylvania state law and federal benefits regulations. A single drafting error could endanger SSI or Medicaid eligibility.
• Funding the Trust: A paper-only trust offers no protection. Funding might involve transferring savings, life insurance proceeds, or an inheritance into the trust so the assets are held by the trust, not the beneficiary.

Common Challenges and Solutions

• Avoiding Pitfalls in Trust Creation: Families sometimes appoint the wrong trustee, leave out necessary language, or select the wrong trust type entirely. Consulting an attorney who specializes in special needs estate planning in PA can help you steer clear of costly mistakes.
• Compliance with State and Federal Laws: Pennsylvania adheres to specific Medicaid rules, and first-party trusts have payback requirements that must be disclosed and addressed in the document itself.

Working with an experienced special needs trust lawyer in Delaware County provides your family with a clear path through a process that has serious consequences if mishandled.

How Special Needs Trust Planning Protects Your Loved One

Families across Delaware County have seen what thoughtful special needs trust planning can achieve. Take the story of a parent in Swarthmore who inherited $80,000 and wanted to give it directly to her adult son with autism. What she didn’t realize was that this generous gift would disqualify him from Medicaid and SSI almost immediately. 

By working with a special needs trust lawyer in Delaware County, the family set up a third-party special needs trust that preserved all those benefits while providing her son with funds for quality-of-life expenses that government programs just don’t cover. If you want to read client success stories, they all echo the same theme: those who planned early sidestepped the crises that came knocking for others. Many families find that scheduling a consultation first helps them understand exactly what they need before committing to the full drafting process. 

Why Choose Slutsky Elder Law For Special Needs Planning?

Families need a special needs trust lawyer in Delaware County who understands the intersection of Pennsylvania disability law, federal benefit rules, and estate planning. At Slutsky Elder Law, we offer decades of casework experience, not just book knowledge of the statutes. Every family’s situation is unique. A parent in Swarthmore planning for a child with autism faces different considerations than a sibling in Upper Darby stepping in as a trustee for the first time. Rob spends the time to understand each client’s specific circumstances before recommending a course of action, whether that involves a third-party special needs trust, an ABLE account, or a combination of both. 

Frequently Asked Questions: Special Needs Planning in Delco

Talk to a Special Needs Trust Lawyer in Delaware County, PA

If you’re ready to consult with an experienced estate planning lawyer in Delaware County specializing in special needs law or a medicaid lawyer in Delaware County, call the office of Slutsky Elder Law at (610) 940-0650 or complete our contact form to schedule a consultation.

 
 
 
 
 
 
 
 
 
 
 
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 Josh Woolfrey 
 
13 October 2026
 
 
  
I had to administer my mom's estate after being her full-time, live-in caregiver for 2 years. I was really not feeling up to the task, after 2 years of my mom's dementia. Rob and Kathy were extremely helpful, professional, and patient as they helped me through the probate process, as my mother had no will. They made the process as painless as possible for my exhausted mind.

I would absolutely reccomend Rob and his team to anyone who asks me.
  
 
 
 
 
 
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 Lou Luciani 
 
1 September 2026
 
 
  
Once again I want to say thank you to Slutsky Elder Law. My mother has been doing well  for 6 years thanks to all the help provided by Robert. My mother is 90 yeas old and is doing great. We could not have done it without Robert and his team.
  
 
 
 
 
 
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 Allison B. 
 
29 August 2026
 
 
 Verified 
We turned to Rob during an incredibly hard time when my husband was living with progressive dementia and we needed to get wills and planning in place. He was detail oriented, his office was quick to follow up, and consistently kind, which gave me a steady hand when things felt overwhelming. He also supported my mother with the same level of care as she got her affairs in order. We never felt rushed, just clearly guided. I'd recommend him without hesitation to any family navigating elder care complexities.
  
 
 
 
 
 
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 Sam K. 
 
5 August 2026
 
 
 Verified 
Using Slutsky Elder Law to help with navigating the end of life for my parents was a great experience!! Robert laid all of my parents wishes out including trust work so that I could concentrate on taking care of my parents and not having to make difficult emotional decisions which may have not represented my parents wishes while dealing with siblings. Robert and his staff were there for the whole ride and anytime I needed some guidance he always answered my questions. Felt so good about our relationship over a 12 year period we had Robert close my parents estate. I can not say enough good things about Slutsky Elder care and you would be blessed to be able to use this gem!!!
  
 
 
 
 
 
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 Clare Higgins 
 
20 July 2026
 
 
  
We were initially overwhelmed with the process of sorting out our mom's estate. She had several accounts that still had her late husband on them, which complicated things even more. Bob and his team were amazing at helping to figure everything out with us and took the burden off of our family during such a difficult time. They were patient, communicative, and very thorough, and I would highly recommend them to others!
  
 
 
 
 
 
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 susan hanna 
 
9 April 2026
 
 
  
I couldn’t have been more pleased with the experience I had with Slutsky Elder Law as the firm that helped me handle my sister’s estate.  It was a complicated estate, requiring two and a half years of work.  Robert Slutsky, and his paralegal Kathy Amato, made what appeared to be an excruciating and interminable task into something doable.
I met Rob through several workshops that he conducted for the Montgomery County PSEA-Retired organization on various aspects of elder care.  His knowledge is most impressive.  When I needed help to fulfill my sister’s wishes I called on his expertise.  Rob guided me through the entire process.  He helped me with finding contacts and with making appointments, both virtual and in person.  He helped me with completing forms and with wording.  Rob answered all my questions—no matter how trivial!  And he even added some levity to a very trying experience.
I highly recommend Slutsky Elder Law for estate planning and related services.
Susan Hanna
  
 
 
 
 
 
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 Michael Wimmer 
 
4 February 2026
 
 
  
Rob and his staff are second to none!  The time, effort, and attention to detail were spectacular.  Rob took his time to listen to all of our concerns and gave expert advice to help our family through a rough time.  Rob is one of the kindest, genuine, and most welcoming person you will ever meet.  I highly recommend him!
  
 
 
 
 
 
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 Mike W. 
 
4 February 2026
 
 
 Verified 
Rob and his staff are second to none!  The time, effort, and attention to detail were spectacular.  Rob took his time to listen to all of our concerns and gave expert advice to help our family through a rough time.  Rob is one of the kindest, genuine, and most welcoming person you will ever meet.  I highly recommend him!
  
 
 
 
 
 
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 Zena M. 
 
31 July 2025
 
 
  
Rob Slutsky and his team are the Best of the Best. After many, many hours of research, only God Himself led me to Rob Slutsky.  I watched many of Rob’s interviews where he methodically unpacked the extremely complex nuances of various aspects of Elder Law making it accessible and understandable to even a novice. His approachable and affable communication style is only exceeded by his extreme diligence, meticulous attention to detail and determination to get the best results for his clients.  He cared about and focused on my loved one like he was a member of his own family.  His team is driven and hardworking and on top of their game.  You could waste a lot of time ‘kissing frogs’ before finding a real prince.  Just call Rob.  He is the real deal – the Best of the Best.
  
 
 
 
 
 
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 Valerie Berry 
 
2 April 2025
 
 
  
We realized we need an elder care law expert when our Mom transferred into a long term care facility.  We were given the application and a list of required documentation and left on our own to navigate the Medicaid application process. Needless to say, we were completely overwhelmed. From our first phone call to Slutsky Elder Law we knew we found the support we were looking for!

At our initial consultation Rob very patiently answered all our questions and discussed a potential plan to set up power of attorney, complete the Medicaid application, and initiate the sale of her house. He explained that the house sale would incur a Medicaid penalty period and explained how we would plan to navigate her expenses during that time. For the first time in this process, we felt confident that with Rob’s help Mom’s best interests would be protected.

Gathering the documents for the Medicaid application is a lengthy and sometimes complicated process, but Rob guided us through it every step of the way. He patiently and promptly answered all our questions as they came up. His paralegal Shelia assisted with the painstaking review of all our documents and alerted us to things we were missing or needed to be resolved prior to submitting the application. Once the application process was completed, Rob guided us through the sale of her house and the subsequent process of notifying Medicaid and preparing for the penalty period that was incurred by the house sale. Thanks to his expertise we have a step-by-step plan in place to cover her expenses during this penalty period.

We never would have been able to navigate this process alone and are so grateful to Rob for his assistance. We highly recommend Slutsky Elder Law – Rob’s exceptional service and commitment to his clients is outstanding!
  
 
 
 
 
 
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 Lisa Tamborello 
 
24 March 2025
 
 
  
I had an incredible experience working with Rob Slutsky, Slutsky Edler Law, and his team. From the moment I reached out for help with elder care planning, I felt fully supported. Rob took the time to explain everything in detail, making sure I understood all my options. They were patient, compassionate, and highly professional throughout the process.

What stood out the most was their sincere attentiveness to my concerns, leading to a plan that precisely met my family's needs. I never felt rushed or pressured, and I always left our meetings feeling confident that we were moving in the right direction.

If you’re looking for someone who combines expertise with a genuine commitment to their clients, I wholeheartedly recommend Slutsky Elder Law. They turned a potentially overwhelming process into a much easier one to navigate. Thank you for your outstanding service!
  
 
 
 
 
 
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 Lisa T. 
 
24 March 2025
 
 
 Verified 
I had an incredible experience working with Rob Slutsky, Slutsky Edler Law, and his team. From the moment I reached out for help with elder care planning, I felt fully supported. Rob took the time to explain everything in detail, making sure I understood all my options. They were patient, compassionate, and highly professional throughout the process.

What stood out the most was their sincere attentiveness to my concerns, leading to a plan that precisely met my family's needs. I never felt rushed or pressured, and I always left our meetings feeling confident that we were moving in the right direction.

If you're looking for someone who combines expertise with a genuine commitment to their clients, I wholeheartedly recommend Slutsky Elder Law. They turned a potentially overwhelming process into a much easier one to navigate. Thank you for your outstanding service!
  
 
 
 
 
 
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 Kari Altman 
 
9 February 2025
 
 
  
I required the expertise of an elder care attorney for Medicaid planning and Slutsky Elder Law was recommended to me.  The first step was an introductory call with Rob where I explained my circumstances in detail and he outlined the steps involved in the process. From the outset, it was obvious he was an expert with an abundance of experience in this area, he was a straight shooter and a refreshingly genuine and empathetic person. He didn't sugar-coat the fact that the Medicaid application would be a lengthy process and somewhat arduous for me, but emphasized that he and his staff would be there every step of the way.

The process took 6+ months and entailed a significant amount of communication and no shortage of questions on my part. Both Rob and his paralegal staff were extremely responsive, never hesitated to schedule a phone call for assistance and figuratively held my hand throughout. While the fee for these services is not insignificant, considering the number of hours his office invested on my behalf as well as the protection I'd have as a result, the cost was more than justified. Thanks Rob and Gina!
  
 
 
 
 
 
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 Robert Curry 
 
6 February 2025
 
 
  
Rob and the staff at Slutsky Elder Law helped our family through some difficult times over a two-year period beginning in March 2023.  We learned about Rob through an internet search, and we were initially apprehensive about dealing with an attorney.  My initial contact was via phone call and Kathy, who is a paralegal at the firm, was kind and made me feel comfortable right off the bat.  We set up a meeting with Rob personally at his office attended by Dad, my brother and myself.  Again, Rob and the staff were great and made us feel completely comfortable.

Mom had passed away in November 2022 and our initial meeting with Rob was to prepare a new will and power of attorney for Dad.  Rob also helped us with a "rent to own" agreement that I had with my parents (for a PA home) that had not been properly documented previously.

Dad's health began to decline shortly after, and he was in and out of the hospital and several rehab facilities. Rob was able to provide guidance and advice during this time, often at a moment's notice.

Upon Dad's passing in May of 2023, we engaged with Rob to handle estate administration.  Again, Rob and his staff were very kind and understanding throughout this entire process.  They handled probate, deed transfer of the PA home, the inheritance tax return and more.

During our time working with Rob, what stands out the most was his incredible responsiveness.  And, throughout it all, Rob and staff cared … never missing an opportunity to offer words of comfort and support.

We would highly recommend Rob and the staff at Slutsky Elder Law.
  
 
 
 
 
 
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 Robert C. 
 
6 February 2025
 
 
 Verified 
Rob and the staff at Slutsky Elder Law helped our family through some difficult times over a two-year period beginning in March 2023.  We learned about Rob through an internet search, and we were initially apprehensive about dealing with an attorney.  My initial contact was via phone call and Kathy, who is a paralegal at the firm, was kind and made me feel comfortable right off the bat.  We set up a meeting with Rob personally at his office attended by Dad, my brother and myself.  Again, Rob and the staff were great and made us feel completely comfortable.

Mom had passed away in November 2022 and our initial meeting with Rob was to prepare a new will and power of attorney for Dad.  Rob also helped us with a "rent to own" agreement that I had with my parents (for a PA home) that had not been properly documented previously.

Dad's health began to decline shortly after, and he was in and out of the hospital and several rehab facilities. Rob was able to provide guidance and advice during this time, often at a moment's notice.

Upon Dad's passing in May of 2023, we engaged with Rob to handle estate administration.  Again, Rob and his staff were very kind and understanding throughout this entire process.  They handled probate, deed transfer of the PA home, the inheritance tax return and more.

During our time working with Rob, what stands out the most was his incredible responsiveness.  And, throughout it all, Rob and staff cared ... never missing an opportunity to offer words of comfort and support.  

We would highly recommend Rob and the staff at Slutsky Elder Law.
  
 
 
 
 
 
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 Robin Monteleone 
 
5 February 2025
 
 
  
My mom moved to PA from another state and Slutsky Elder Law was recommended to us. Robert Slutsky was great! He listened to mom and made sure all of her necessary documents were completed in a timely manner. He was very kind and patient with her.

When mom passed away, he was very kind and provided step by step instructions regarding the process from beginning to the end, to settle mom’s estate. PA estate law is different from other states. This is a time where emotions are high amongst all family members, so I highly advise using Robert Slutsky as he will represent the decedent’s will. He helped navigate me through all phases of this process with his knowledge, kindness and efficiency.
  
 
 
 
 
 
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 Miriam Peskowitz 
 
3 February 2025
 
 
  
When I needed to figure out Medicaid funding for my husband’s nursing home care, the social worker at University of Pennsylvania  Neurology (and several other people) sent me to Rob Slutsky.

Thank goodness. Rob and his team figured out a strategy to  help me get ready to apply AND walked me through the process of gathering all the materials for the application. They know everything and have done this for years. Also, they held my hand through everything and were very kind. I felt like I had a group of very knowledgeable best friends to guide me through.

I’d recommend them to anyone, and especially to any families with more complicated situations.
  
 
 
 
 
 
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 Greg Gemgnani 
 
21 November 2024
 
 
  
I first learned about the legal services that Rob Slutsky and his team can provide from a previous client.   This client spoke highly of his experience and recommended I contact Rob because we had similar needs for home care assistance for our wives.
It became apparent to me on our first meeting that Rob and Sheila, a team member, were well organized and knew the DHS system inside and out.  Ours was a more complicated case but with Rob's guidance and instructions and Sheila's review of the documents that were required for the DHS application, we were able to get the home care assistance in a timely manner and at the same time protect assets in a manner that was acceptable to DHS.  There's no way I could have navigated the application on my own.
During preparation of the application and afterwards, in fact to this day, there were and still are questions related to the home care assistance approval.  In all cases, questions have been addressed in a timely manner and within the scope of the original contract fee.
I also feel that Rob and Sheila understand the challenges that a caregiver for a loved one has and the importance of providing some home care assistance to support the family caregiver.
All in all, we made a good decision to work with Rob and his team.
Greg Gemgnani
  
 
 
 
 
 
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 Maryellen 
 
2 September 2024
 
 
  
My experience was very positive.  Navigating the Eldercare world for the first time meant "We didn't know what we didn't know".  Rob and his staff took the worry out of it for us as we dealt with Mom's failing memory and the decisions we faced as a result.  The were a phone call or email away to answer our questions and give expert advice.

Caring for an aging parent is difficult, but the needs of a parent who suffers from Alzheimer's/Dementia adds another emotional layer to the situation.  Retaining Slutsky Elder Law to advise us was the best decision we made.  I wanted the peace of mind to know that someone was working on behalf of my family and my Mom for her to get the care she needed and deserved.  I highly recommend this firm, they are good at what they do!
  
 
 
 
 
 
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 Maryellen A. 
 
2 September 2024
 
 
 Verified 
I highly recommend Slutsky Elder Law.  Having Rob and his staff available to us gave us peace of mind and we were able to focus on our family's needs.  Rob and his staff are understanding, professional and a pleasure to work with.
  
 
 
 
 
 
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 EllieDol Dolata 
 
7 April 2024
 
 
  
I would love to add a 6th Star. He reassured me from the first hello. He helped me apply for Medicaid for my spouse, It went smoothly with his knowledgeable staff and clarity of conversation. I felt able to email or call at any time without feeling dumb. He saved me significant monies and many worries. Navigating the process would have been slow and complicated. They made it easy and I would recommend him in a heartbeat for any "elder" issues.  Great guy!
  
 
 
 
 
 
 
 
 
 Trustindex rating score: 5.0 of 5, based on 59 reviews