Special Needs Planning Attorney | Billings, Missoula, Great Falls, Butte, Helena, Kalispell & Bozeman, MT

Having a child or other loved one with special needs in your care means you have many additional considerations when it comes to decisions you make as you plan for their future and yours. While some of the decisions you make may seem easy and insignificant, it’s important to know the legal implications that your actions and decisions have now – as well as into the future.

With this in mind, it’s imperative that you have adequate special needs legal guidance and representation – someone who is well-versed in special needs law and the intricacies that are often involved at the state and federal levels.

As part of our special needs law services, we work with clients on an ongoing basis to give them legal guidance on issues that include:

  • Planning for future care needs
  • Securing necessary and available government benefits
  • Estate planning and establishing special needs trusts
  • Coordinating retirement and life insurance beneficiary designations
  • Naming future trustees of a special needs trust
Special Need Child Care

As with most aspects of caring for an individual, special needs law planning requires a wide range of documentation and forms – many of which require a special needs lawyer with advanced knowledge of state and federal law to ensure they properly executed.

By working with a Montana special needs lawyer clients on a long-term basis, I’m able to learn their specific requirements and work within the confines of special needs law to find solutions that make the best legal sense.

If you have a child or other family member with special needs, don’t take chances with their future. Ensure they have the proper representation today and give them the best-possible outcome.

If you need help with life planning for the special person in your life, please call us today.


  • User
    Steve Darty is what the Law profession was originally meant to be. He is busy, as are all great professionals; but when with him, he makes you feel as if you are his only client. Jesse P.
  • User
    Mr. Darty was knowledgeable helpful patient and understanding. He took the time necessary to help me devise a plan that seems thorough and thoughtful. He was available and responsive. I recommend him without any reservations! Michael S.
  • User
    We were very impressed with the time Steve spent with us. He was very thorough and informative. He gave us different options that were particular to our personal situation. We never felt rushed. Janet S.
  • User
    I was very pleased with the services provided by the Montana Elder Law, for creating an estate plan. Mr. Darty is very well versed in estate law and he was excellent in explaining things. I have recommended Mr. Darty to many people and will continue to use his services in the future, as needed. Suzanne N.
  • User
    Working with Steve has been both educational and enjoyable. His intelligence, expertise, and humor are refreshing. His professional assessments are 'spot-on.' I look forward to working with him on future financial projects. Jane M.
  • User
    Steve put together a full estate plan for my wife and I that makes plans for our children, their care, possessions and last requests. We would recommend that everyone have a will at least, and a full estate plan if you can. Justin H.
  • User
    Very professional and knowledgeable. Explained things well and was a great help. Highly recommend Montana Elder Law. Thomas S.
  • User
    Steve gets things done! He's very organized and cares deeply about each of his clients. Highly recommend! Makenzi H.
  • User
    Steve was helpful in guiding me through sticky situation with another lawyer in Kalispell who was representing (actually misrepresenting) a family member. I've never met him but worked with him long distance. Laurie P.
  • User
    Great personalized one on one service. Caring and professional. Edward B.
  • User
    Absolutely recommend this firm. Steve Darty works by himself and it is a very comfortable arrangement. Jane H.
  • User
    Steve has been wonderful to work with. Very responsive and accommodating! Marissa B.
  • User
    Steve is professional and knowledgeable. Highly recommended. Drew R.
  • User
    Helpful and knowledgeable, recommended! Lisa S.
Special Needs Planning FAQs

1. What is the investment account for special needs children?

An account like the ABLE allows savings for a child’s future expenses in a way that doesn’t risk losing essential public benefits. These accounts have annual contribution limits but offer flexibility for disability-related expenses.

2. What is a special needs trust?

A special needs trust is a legal arrangement safeguarding assets to benefit someone with disabilities. It pays for care and living expenses without disqualifying them from receiving government aid like Medicaid or SSI.

3. How do you financially plan for a disabled child?

Financial planning for a disabled child involves creating a special needs trusts for asset protection, tapping into government benefits wisely, and incorporating estate planning strategies. Make sure to find an insurance plan that looks out for their long-term well-being.

4. How much money do you get if your child has ASD?

The financial support available for a child with Autism Spectrum Disorder (ASD) varies. It is influenced by the family’s income and the child’s specific needs. Commonly, families turn to Supplemental Security Income (SSI) and Medicaid for assistance. However, the support amount and qualification criteria can differ widely.

5. Can I buy an annuity for my disabled child?

Yes, buying an annuity can provide a disabled child with a predictable stream of income. Remember to structure the annuity so it complements the child’s benefit plan and doesn’t interfere with benefit eligibility.

6. What is IEP investment?

IEP, or Individualized Education Program, focuses on educational planning for your child. It’s key to invest in tailored education and therapy programs. For managing these costs, a special needs trust or an ABLE account can be effective financial tools.

7.  How do I invest in a special needs trust?

To invest in a special needs trust, start by consulting with a special needs attorney who understands the complex legal and financial landscape. They’ll help set up a trust that’s tailored to your child’s future needs, selecting the right investments to fund the trust.