Large Firm Service. Small Firm Attention.

Special Needs Tax Credit for Legal Fees

Published June 4, 2010

Establishing legal guardianship for a person with special needs can be a costly procedure, and these financial expenses can put a significant strain on many families. Caring for their loved ones is already an emotionally taxing process, and families do not need to feel financial pressure on top of this.

In order to help families deal with these financial burdens, Congress is considering a change to the current tax code that would provide up to a $5,000 tax credit for legal fees associated with establishing legal guardianship. This proposed tax credit would also be available for legal fees paid in connection with establishing a trust for a person with disabilities. Only the person who actually paid for the legal fees would be eligible to apply for the tax credit.

A non-profit organization, The Special Needs Tax Credit Alliance, raises awareness about the issue and is working to gain support for this important tax credit. Establishing such a tax credit would provide much needed relief for families that have loved ones with disabilities.

Additional information regarding this tax credit can be found at

Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, NY and New York, New York. To learn more, visit

Print Friendly, PDF & Email

Explore In-Depth

New York City, Central Park, from above

Corporate & Securities

Man Fishing with his Grandson

Elder Law & Estate Planning

Mother with Special Needs Child Playing in Child's Room

Special Needs Planning

Father reading to his daughters

Special Education Advocacy