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The Necessity of Special Needs Trusts

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Planning for the future of a loved one with a disability can be emotionally and legally complex. For families navigating government benefits like Supplemental Security Income (SSI) and Medicaid, even a well-meaning financial gift or inheritance can unintentionally jeopardize access to critical support. One powerful tool to protect both benefits and quality of life is the Special Needs Trust (SNT). This article explores what Special Needs Trusts are, how they work, and why they are an essential part of long-term planning for individuals with disabilities. 

The Necessity of Special Needs Trusts 

Consider the case of a young woman, Jane, who has a developmental disability. Jane’s mother has died and left an inheritance for Jane. Without a Special Needs Trust, nearly any level of inheritance would likely disqualify Jane from receiving Medicaid and SSI, leading to a loss of essential services and support. Instead of receiving these governmental support services, Jane’s inheritance, which she likely will have a challenge managing herself, will need to be used to pay for the same services that she already was receiving. Additionally, when that inheritance is used up, Jane will have to go through all of the long and invasive steps that she had already gone through, to get back to receiving governmental support.  

However, Jane’s mother, by executing the proper documents before her death to direct that Jane’s inheritance go into an SNT, the Jane can continue to receive government benefits while using the trust funds for additional needs, such as specialized therapies, adaptive equipment, education, housing, etc. 

Definition and Purpose of Special Needs Trusts 

A Special Needs Trust (SNT) is a legal document for the benefit of individuals with disabilities, used to manage and protect assets. The primary purpose of an SNT is to ensure that individuals with special needs can maintain their eligibility for government benefits, such as Supplemental Security Income (SSI) and Medicaid, while also having access to additional resources that can enhance their quality of life. 

Benefits of Establishing a Special Needs Trust 

Establishing a Special Needs Trust offers numerous benefits individuals with disabilities.  

  1. It provides financial security by safeguarding assets that can be used for the beneficiary’s supplemental needs, such as medical care, education, and recreational activities. 
  1. It allows family members and other benefactors to contribute to the trust without jeopardizing the beneficiary’s eligibility for essential government programs.  
  1. Lastly, an SNT can be tailored to meet the specific needs and circumstances of the beneficiary, offering flexibility and peace of mind to families. 

How Special Needs Trusts Protect Eligibility for Government Benefits 

One of the critical functions of a Special Needs Trust is to protect the beneficiary’s eligibility for government benefits. By placing assets in an SNT, these resources are not considered when determining eligibility for means-tested programs like SSI and Medicaid. This protection ensures that the beneficiary can continue to receive vital support from these programs while also benefiting from the trust’s resources for additional needs. 

Key Considerations When Setting Up a Special Needs Trust 

When setting up a Special Needs Trust, several key considerations must be taken into account. It is essential to choose a knowledgeable trustee who understands the complexities of managing an SNT and the beneficiary’s unique needs. Additionally, the trust must be carefully drafted to comply with federal and state regulations to ensure it effectively protects the beneficiary’s eligibility for government benefits. Consulting with an attorney experienced in special needs planning is crucial to navigate these legal intricacies. 

Legal and Financial Implications of Special Needs Trusts 

The establishment of a Special Needs Trust carries significant legal and financial implications. Legally, the trust must be structured to comply with applicable laws to ensure its validity and effectiveness. Financially, the trust must be managed prudently to meet the beneficiary’s needs over their lifetime. This requires careful investment strategies and regular reviews to adapt to changing circumstances. Engaging professionals with expertise in trust management and special needs planning is essential to address these implications effectively. 

Conclusion 

Special Needs Trusts are a vital tool in planning for the future of individuals with disabilities. They offer a means to provide financial security and enhance the quality of life for beneficiaries while preserving their eligibility for essential government benefits. Proper planning and the establishment of an SNT can alleviate the financial and emotional burdens on families, ensuring that individuals with special needs receive the support and resources they require. As such, it is imperative for families to consider the benefits of Special Needs Trusts and seek professional guidance to implement this crucial aspect of special needs planning. 

Jamison C. MacMain is part of MacElree Harvey’s Estate Planning Department, where he advises clients on wills, trusts, guardianships, and long-term planning strategies. He is passionate about helping families make informed, proactive decisions that safeguard both assets and quality of life for loved ones with disabilities. To learn more or schedule a consultation, please contact Jamison at [email protected]. 

Can You Get Divorced If Your Spouse Refuses to Sign?

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It is possible to resolve almost any issue that arises during a divorce through an agreement between spouses. However, if couples were able to cooperate easily, they likely wouldn’t be seeking a divorce in the first place. While a spouse’s refusal to cooperate or refusal to sign divorce papers can delay the process, it cannot stop a divorce from proceeding in Delaware Family Court.

What Happens If Your Spouse Won’t Sign the Divorce Papers?

The first obstacle in an uncontested divorce becomes a contested divorce when one spouse refuses to sign. The process starts with serving the Petition for Divorce. If the other spouse does not voluntarily accept service, a process server will attempt to personally deliver the Petition. If those efforts fail, service by publication—usually on the Delaware Family Court’s website—is an option to move the case forward.

Can the Divorce Proceed Without Their Consent?

Yes. Once proper service is completed, the divorce case may proceed, and a Decree of Divorce can be granted even over a spouse’s objections. Under Delaware divorce law, spouses must be separated for six months and the marriage must be considered an irretrievable breakdown. Separation can occur even if both parties live in the same household—as long as they occupy separate bedrooms and no longer maintain a sexual relationship.

What If Your Spouse Ignores the Divorce Process?

After the Decree of Divorce is entered, the court will address any outstanding issues, including property division, alimony, and other economic relief, regardless of one party’s refusal to participate. If a spouse continues to be non-cooperative, the Family Court may impose legal consequences, including:

  • Sanctions
  • Awards of attorney’s fees
  • Adverse inferences
  • Default judgments

Bottom Line: You Can Still Get Divorced

In short, ignoring a divorce petition does not prevent the divorce from happening. If your spouse refuses to sign or participate, you still have legal options to move forward with the help of an experienced divorce attorney in Delaware.

Contact Patrick J. Boyer
Family Law Attorney | MacElree Harvey
Direct: 302‑504‑7294

When Can You Modify a Custody Order?

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A parent’s ability to modify a custody order in Delaware depends upon the nature of the modification request, whether the prior custody order was entered by a Judge after a hearing on the merits, and the length of time that has passed between the entry of the prior order and the modification request.

Delaware distinguishes between “custody” and “visitation” under its family law statutes. Legal custody refers to the ability to make important decisions on the child’s behalf, while residency refers to where the child primarily lives. If the child lives primarily with one parent, that parent has primary residential custody. If the parenting time is equally or nearly equally shared, it is referred to as shared residency. The contact a non-custodial parent has with the child—including holidays, exchange times, and vacations—is considered visitation.

Requests to modify visitation in Delaware are always evaluated under the best interests of the child standard, as set forth in 13 Del. C. § 722. A custody order by agreement of the parents may also be modified using the same best interests standard. However, it’s important to note that even when this standard applies, parental agreements carry legal weight. Some Family Court Judges will not consider events that occurred prior to the original agreement, and any request for a modification may raise the question of why the existing parenting agreement no longer works.

If a Judge entered a custody order after a full hearing, a parent may not seek to modify the custody provisions of that order for two years, unless they can prove that continuing the current arrangement would jeopardize the child’s physical health or significantly impair the child’s emotional development. This is a high legal standard that is difficult to meet. After the two-year mark, the threshold for modification is lower and again centers around the child’s best interests.

Author Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.

Employment Law Update May 2025

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In May, a local school district gets hit with an Equal Pay Act jury verdict, and federal judges strike down actions from the previous and current presidential administrations as overreaching.  Get the details in this month’s update.

Jury Awards $165K to Female Teachers in Equal Pay Act Case Against Central Bucks School District

A Pennsylvania jury awarded $165,000 in damages to two female teachers, Rebecca Cartee-Haring and Dawn Marinello, who successfully claimed that the Central Bucks School District paid them less than comparable male teachers, violating the Equal Pay Act. The verdict, reached after a second trial, followed a mistrial in 2023 and the decertification of the case as a collective action. Representing the teachers, attorney Edward Mazurek rejected the district’s portrayal of the outcome as a compromise, asserting the jury clearly found long-standing gender-based pay discrimination. The teachers originally sued in 2020, alleging the district inconsistently calculated years of experience based on gender. While Cartee-Haring’s other discrimination claims under Title VII, the ADEA, and the ADA were dismissed, her Equal Pay Act claims proceeded. The court required the plaintiffs to compare their pay to specific male teachers rather than a general group, which the district argued differed in responsibilities and qualifications.  The case is Cartee-Haring v. Central Bucks School District, case number 2:20-cv-01995, in the U.S. District Court for the Eastern District of Pennsylvania.

Federal Judge Strikes Down EEOC Abortion Accommodation Mandate Under Pregnant Workers Fairness Act

A Louisiana federal judge ruled that the U.S. Equal Employment Opportunity Commission (EEOC) overstepped its authority in implementing parts of the Pregnant Workers Fairness Act (PWFA) by requiring employers to accommodate elective abortions. In a 40-page decision, Judge David C. Joseph granted summary judgment in favor of Mississippi, Louisiana, and four Catholic organizations, vacating portions of the PWFA final rule that included abortion under “pregnancy, childbirth, or related medical conditions.” He ruled that the EEOC unlawfully assumed congressional power and violated federalism principles by mandating accommodations not explicitly included in the statute. Judge Joseph emphasized that Congress passed the PWFA shortly after the Supreme Court’s Dobbs decision, suggesting lawmakers intentionally omitted abortion-related accommodations. He rejected the EEOC’s argument that the PWFA mirrors Title VII’s protections for abortion. The EEOC’s next steps remain uncertain, as the case was remanded for further agency action. The ruling also follows a similar North Dakota case limiting EEOC enforcement against religious organizations.

Trump Anti-DEI Executive Order targeting Law Firm Struck Down by Federal Judge

A D.C. federal judge struck down former President Donald Trump’s executive order targeting WilmerHale, calling it unconstitutional and retaliatory. Executive Order 14250, issued on March 27, 2025, accused WilmerHale of engaging in discriminatory DEI policies, including the use of race-based targets, which the administration claimed violated civil rights laws. U.S. District Judge Richard J. Leon granted the law firm summary judgment on most claims, ruling the order violated the First Amendment by punishing WilmerHale for representing clients disfavored by Trump, including former inspectors general, Democratic candidates, and those challenging the 2020 election results. The judge emphasized that the order imposed severe sanctions—including terminating federal contracts and blocking firm employees from entering government buildings—intended to cripple the firm’s business, which derives over 30% of its revenue from clients with federal contracts. He also found violations of due process, separation of powers, and the Sixth Amendment right to counsel. Judge Leon dismissed some claims, such as equal protection and spending clause arguments, but still granted declaratory and permanent injunctive relief. WilmerHale praised the ruling as a defense of constitutional rights. This decision follows similar victories for law firms Jenner & Block and Perkins Coie, who were also targeted by Trump. Other BigLaw firms have either filed suits or reached private deals with the Trump administration, prompting scrutiny from lawmakers.

Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment.  Jeff also practices in commercial litigation as well as counsels businesses on commercial contract matters.

Dealing with Domestic Violence in Family Law

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Domestic violence issues arise frequently in Delaware family law. A victim of domestic violence should know that they can seek an immediate Protection from Abuse (PFA) Order to safeguard themselves and their children. In an emergency, a victim can and should request an order barring the abuser from having any contact with them. Emergency PFA Orders in Delaware can grant temporary possession of the home and custody, among other forms of relief. These orders typically remain in place until a final hearing on the merits.

After filing for a PFA in Delaware, a domestic violence victim should work closely with their Delaware family law attorney to gather evidence. This may include subpoenaing police officers or medical providers. Common forms of evidence include text messages, video or audio recordings, and photographs.

Before the final hearing, the victim may consider negotiating a consent PFA Order with the other party. While a consent order does not include a legal finding of wrongdoing, it carries the same legal weight as one issued after a full hearing. Consent orders can give the victim greater control over key matters such as temporary possession of the family home, custody of children, and financial support.

Importantly, a Delaware PFA Order prohibits the person subject to the order from owning or possessing firearms while it is in effect. Violating a PFA Order is a criminal offense and can lead to serious legal consequences.

If you have questions about domestic violence legal protection in Delaware, contact Patrick J. Boyer, Delaware family law attorney. Patrick represents clients in a range of matters including domestic violence cases, divorce in Delaware, property division, alimony, child custody and visitation, and child support. He also advises clients on guardianship and third-party visitation. Patrick practices out of the firm’s Centreville, Delaware office.

Why I Work at MacElree Harvey Employee Spotlight – Matthew Cooper 

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Why did you choose to work at MacElree Harvey? 
I chose MacElree Harvey because of its deep roots in Chester County and its reputation as a full-service law firm with rich traditions. The firm’s commitment to serving the community and its ability to handle sophisticated legal matters made it an ideal place for me to grow professionally. 

What makes you stay? 
The people, the mentorship and the culture. I work on sophisticated transactions and matters, but I am still able to spend time with my family. That balance is invaluable. 

How has your career grown since joining the firm? 
Since joining MacElree Harvey, I have had the opportunity to work on increasingly complex and noteworthy transactions. The firm has consistently encouraged my development by offering mentorship, marketing resources and opportunities that have helped shape the direction of my career. 

What do you enjoy most about your practice here? 
Handling sophisticated work in a firm that values both professional excellence and personal growth. The matters we handle are impactful and often have tangible results within our local communities. 

How would you describe the culture at MacElree Harvey? 
Collaborative and approachable. It feels like a true community, both within the firm and in our outreach. My colleagues genuinely want me to succeed and are available to guide and support. 

What makes this firm different from other places you’ve worked? 
The culture here is entirely different—it’s local, it’s genuine, and it’s rooted in long-standing relationships. There’s a sense of pride and ownership in the work we do that you don’t find everywhere. 

What is one moment at MacElree Harvey that made you feel proud to work here? 
Working on local transactions and then seeing those businesses thrive in our community—that’s incredibly fulfilling. When I hear community members talk about the positive impact of these projects, it’s humbling to know I played a role in making them happen. 

How has the firm supported your professional or personal goals? 
They have taken the time to truly listen to what I want to achieve in my goals and have offered thoughtful guidance and support to help me get there. They do not ask to check a box; they ask because they actually care. 

What values do you see lived out at MacElree Harvey every day? 
Compassion, innovation, community involvement, and approachability. These aren’t just words—they’re reflected in how we interact with clients, with each other, and with our broader community. 

How do you collaborate with others at the firm? 
Attorney’s doors are typically open, which encourages spontaneous collaboration and makes brainstorming easy and effective.  We also hold bi-weekly department lunch meetings to make sure we are staying on top of legal trends and developments.  

What’s something unique about the team you work with? 
Each attorney in our Business Department brings a unique specialty to the table. That diversity of expertise allows us to deliver tailored, sophisticated and well-rounded solutions to our clients. 

How has mentorship or leadership here shaped your path? 
I’ve learned so much from leaders like Harry, Mary Kay, and Andy. Their willingness to share knowledge, experiences and guidance have been invaluable to my development. 

What is your favorite MacElree memory so far? 
A favorite MacElree tradition is our annual Old Fashioned Christmas party, a client open house held during the Annual West Chester Parade. It’s a special event where an attorney and their spouse dress in vintage Christmas attire and greet guests. It’s festive, fun, and a great way to show a bit of personality to clients while celebrating with the community. Of course, becoming a partner in 2024 was a proud and meaningful milestone in my career as well. 

What’s something people might not know about working here that they should? 
The work we do is impactful. Behind every legal matter is a client, a community, or a cause that benefits from our efforts—and that makes the work incredibly rewarding. 

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