Planning That Protects Without Disrupting
Families with a loved one who has a disability face estate planning considerations that go well beyond the standard framework. Government benefit programs — including Medicaid and Supplemental Security Income — have strict asset limits that a direct inheritance can inadvertently disqualify. A plan that does not account for these realities can do more harm than good, even when drafted with the best intentions.
At Baysinger Henson & Cresswell PLLC, we design estate plans that protect and provide for loved ones with special needs — preserving their eligibility for essential government programs while ensuring they have access to resources that meaningfully improve their quality of life.
This kind of planning requires both legal precision and genuine compassion. We bring both to every client we serve.
Caring for a loved one with special needs is a lifetime commitment. The right legal plan ensures that commitment extends beyond your lifetime.
The Role of a Special Needs Trust
A special needs trust—also called a supplemental needs trust—holds assets for the benefit of a person with a disability without counting those assets toward government benefit eligibility thresholds. The trust can fund a wide range of supplemental expenses: education, transportation, recreation, personal care items, technology, and more—enhancing quality of life in ways that government programs do not cover while leaving core benefit eligibility intact.
Oklahoma law recognizes both first-party and third-party special needs trusts, each serving distinct planning purposes depending on the source of the funds and the beneficiary’s circumstances. Our attorneys guide families through both options with clarity and care.
Our Process
Comprehensive Needs Assessment
We begin by understanding your loved one's specific diagnosis, current and anticipated benefit programs, living situation, and long-term care needs—building a complete picture before drafting a single document.
Trust Drafting & Structuring
We draft a special needs plan. Trusts are customized to Oklahoma law and federal benefit program requirements—ensuring every provision protects eligibility while maximizing available resources.
Funding & Beneficiary Coordination
We assist with funding the trust and coordinate beneficiary designations across life insurance, retirement accounts, and other assets to ensure every dollar reaches your loved one as intended.
Ongoing Review & Support
Benefit program rules change. Family circumstances evolve. We recommend regular reviews and remain available to update your plan as your loved one's needs and legal landscape shift over time.
