The primary purpose of a special needs trust is to maximize long-term security for a beneficiary while maintaining eligibility for essential benefits. By separating assets from the beneficiary’s direct ownership, families can fund education, healthcare, housing, and enrichment activities without disrupting public assistance.
A central benefit is tailoring funding strategies to meet current needs while preserving future options. By combining trust, wills, and lifetime gifts, families maximize protections without exhausting resources prematurely over time.
Choosing the right attorney for special needs planning makes a meaningful difference. We focus on practical, compliant solutions that respect family preferences, minimize risk, and help you secure lasting care arrangements.
Major events such as marriage, new guardians, or health changes prompt revisions. We guide the process to keep the plan current and effective.
A special needs trust is a legal instrument designed to supplement, not replace, government benefits for a person with disabilities. It allows funds to be used for needs beyond what public programs provide, while preserving eligibility for programs like Medicaid and SSI. A trustee manages investments and distributions according to the trust terms. This structure helps families plan for long-term care with dignity and flexibility.
Yes, improperly drafted trusts can impact eligibility for Medicaid and SSI. However, carefully designed SNTs are crafted to preserve benefits while providing supplemental support. Our approach emphasizes compliance with state rules, careful sequencing of distributions, and timely documentation to avoid benefit interruptions.
The trustee should be a trustworthy individual or a reputable financial institution with experience in managed care and fiduciary duties. Often a family member, a professional fiduciary, or a trust company serves best, depending on capabilities and availability. The chosen trustee must act in the beneficiary’s best interests.
Funding can come from relatives, life insurance policies, inheritances, or part of an estate. Assets must be managed in a way that complies with public benefit rules. We tailor funding strategies to maximize protections while preserving eligibility for essential supports.
Planning timelines vary based on complexity, funding sources, and client readiness. On average, an initial draft can take several weeks, with reviews and funding completing over a few months. Early preparation helps avoid delays and ensures smoother implementation.
Most special needs trusts are irrevocable, offering asset protection and clearer compliance with public benefits. Some flexible plans exist, but revocability can undermine eligibility. We explain options and help you choose the structure that best fits your family’s goals.
After the beneficiary’s death, the trust may be required to pay back Medicaid or terminate with remaining assets distributed per the trust terms. Some plans allow assets to pass to heirs if no payback provision is triggered, depending on design and funding.
To begin, contact our office to schedule an initial consultation. We will listen to your goals, explain options, and outline next steps. Our team supports you through drafting, funding, and ongoing plan maintenance.
