Special needs trusts help families protect resources for loved ones with disabilities while preserving access to government programs. By separating assets from the beneficiary’s direct ownership, a properly drafted trust can fund care, therapies, housing, and daily needs without disqualifying eligibility for Medicaid or Supplemental Security Income. Thoughtful planning reduces financial risk and uncertainty for caregivers.
A well-structured approach reduces the risk of disqualifying assets and ensures resources are directed toward essential needs. This balance of protection and flexibility helps families plan with confidence for future care and stability.
Our firm combines estate planning, guardianship, and disability planning expertise to deliver comprehensive guidance. We take the time to listen, explain options clearly, and tailor solutions that protect benefits while supporting meaningful quality of life for your loved one.
We set up procedures for trustee oversight, reporting, and periodic updates to reflect changes in care needs and legal requirements.
A Special Needs Trust (SNT) is a legal instrument designed to enhance a beneficiary’s quality of life while preserving eligibility for essential government benefits. It holds assets for the beneficiary and pays for needs that benefits do not fully cover, such as therapies, transportation, and enrichment activities.
SNTs are structured to avoid disqualifying assets from programs like Medicaid or SSI. By not counting trust assets toward the beneficiary’s resources, the program remains available while the trust funds support care. Proper drafting and administration are crucial to maintaining compliance over time.
First-party SNTs are funded with the beneficiary’s own assets, while third-party SNTs come from a family member’s resources. Each type has different implications for Medicaid and tax treatment. We evaluate funding sources to determine which structure best fits the family’s objectives and compliance requirements.
A trustee may be a family member, a trusted friend, or a professional entity. The chosen trustee should have financial acumen, honesty, and a commitment to the beneficiary’s well-being. We discuss responsibilities, fiduciary duties, and potential alternatives to ensure a reliable administration plan.
Distributions are typically made for medical care, education, housing, transportation, and therapy. The trust document sets boundaries to avoid direct payments to the beneficiary that could impact benefits, while allowing funds to enhance daily living and long-term security.
Most provisions can be amended if circumstances change, but substantial changes may require new documents or court approval. We guide you through permissible amendments, ensuring continuity of benefits and alignment with the beneficiary’s evolving needs.
Common documents include the trust agreement, last will and testament, power of attorney, guardianship documents, and beneficiary letters. Proper coordination among these instruments avoids conflicts and ensures a seamless transition across life events.
Planning timelines vary with complexity and funding. A typical process may take several weeks to a few months, depending on document accuracy, negotiations with trustees, and the coordination of related care plans and benefits programs.
To begin with Hatcher Legal, contact our Saint Charles office for an initial consultation. We will review your family’s situation, discuss goals, and outline a tailored plan. You’ll receive clear next steps, estimated timelines, and a detailed explanation of costs.
Costs depend on the complexity of the trust and related documents. We provide transparent, upfront estimates and discuss potential ongoing administration fees. Our goal is to deliver value through comprehensive planning, careful drafting, and reliable ongoing support.
