Creating a special needs trust protects eligibility for important benefits such as SSI and Medicaid, while enabling families to set aside funds for a loved one’s comfort, education, and daily living. Properly drafted trusts minimize risk of disqualification from benefits and provide a trusted mechanism for ongoing oversight and care.
A comprehensive approach coordinates legal documents with financial planning and care plans. This alignment ensures that guardians, trustees, and service providers work from a single informed plan, reducing miscommunications and ensuring funds support essential services and opportunities for growth.
We bring years of experience in Maryland estate planning and a deep understanding of the needs of families dealing with disabilities. Our approach emphasizes collaboration, clear explanations, and actionable plans that address funding, guardianship, and ongoing care.
We oversee execution in accordance with Maryland law, obtain necessary signatures, and provide copies to all interested parties. Proper execution is essential for enforceability and smooth future administration.
A Special Needs Trust is a legal instrument designed to supplement, not replace, government benefits for a beneficiary with a disability. It allows funds to be used for nonessential enhancements to quality of life while preserving eligibility for programs like Medicaid and SSI. Proper planning ensures seamless care and continued access to support services. Families should work with an attorney to determine the best trust type and funding sources.
A Special Needs Trust is appropriate for family members with disabilities, individuals relying on government benefits, or anyone seeking to protect assets while ensuring supplemental care. If you anticipate future care needs or want to preserve eligibility while funding additional services, discussing options with a qualified attorney is advisable.
In most cases a properly drafted SNT does not affect eligibility for essential benefits when distributions are planned to supplement care. However improper funding or distributions can risk disqualification. Working with a knowledgeable attorney ensures accurate structuring, compliant distributions, and ongoing coordination with benefit programs.
First party SNTs are funded with the beneficiary’s own assets and must comply with specific rules to avoid disqualifying benefits. Third party SNTs are funded by others and typically offer more flexible terms. The choice depends on funding sources, beneficiary needs, and long term care goals.
A trustee can be a family member, friend, or professional fiduciary. The key requirements are reliability, financial acumen, and a commitment to the beneficiary. The trustee manages investments, distributions, and reporting, while coordinating with guardians and care providers to support stable care.
Funds in an SNT are managed according to the trust terms, with distributions limited to supplemental needs. The trustee oversees investments, track expenses, and ensure funds are used appropriately. Regular reporting to beneficiaries and regulators helps maintain compliance and protect eligibility for public benefits.
Plans should be reviewed after major life events, changes in benefits rules, or shifts in family circumstances. Regular updates help adapt to care needs, financial changes, and law updates, ensuring the trust remains effective and aligned with long term goals.
Costs vary by complexity, funding, and service level. Typical expenses include initial drafting, periodic reviews, and trustee coordination. A clear estimate from an attorney helps families plan for ongoing administration while preserving resources for care.
The timeline depends on planning complexity, from initial consultation to final execution. A straightforward trust can take weeks, while cases involving guardianships, funding, and coordinating with multiple programs may require several months. We strive to set realistic timelines and keep you informed.
Guardianship is not always required for a special needs trust, but it may be necessary for individuals who cannot manage personal or financial affairs. Our team evaluates guardianship needs as part of the broader plan and coordinates with the trustee and care team to ensure seamless support.
