A properly drafted special needs trust preserves eligibility for means-tested programs while enabling additional funds for medical care, therapy, adaptive equipment, and enrichment activities. It reduces the risk of inadvertent disqualification, simplifies ongoing care planning, and provides families with a clear mechanism for managing trusted assets.
By integrating legal, financial, and care planning, families gain a cohesive roadmap that adapts to changing needs without duplicating efforts.
Our team combines compassionate, practical planning with rigorous attention to legal requirements. We emphasize accessibility, plain-language explanations, and a collaborative process that respects your family’s values and goals.
We provide ongoing guidance on asset management, distributions, and beneficial program updates as family needs evolve.
A Special Needs Trust is a legal tool designed to preserve eligibility for government benefits while providing supplemental funds for the beneficiary’s care. It protects assets from counting toward means-tested programs and ensures funds are used for approved needs. The key is to draft terms precisely and to fund the trust properly.
Funding can occur during the grantor’s lifetime or upon death through a pour-over will. Lifetime funding allows ongoing control over assets, while testamentary funding ensures assets are allocated after death. Each method has specific tax and eligibility implications that should be reviewed with counsel.
A properly designed SNT typically preserves eligibility for Medicaid and SSI by keeping assets outside the beneficiary’s direct ownership. Distributions for approved supplemental needs are allowed, but outright access to assets is limited. This balance is essential to maintain benefits while providing support.
Trustees can be family members, professionals, or a trust company. Choose someone who understands the beneficiary’s needs, can manage investments, and is willing to follow the trust terms. A successor trustee should be named to ensure continuity if the initial trustee cannot serve.
Yes. An ABLE account can work alongside a Special Needs Trust to cover disability-related expenses. The ABLE account has its own rules, and careful planning ensures funds in both vehicles do not inadvertently affect eligibility.
Costs vary by complexity and funding, including drafting, review, and filing, plus potential ongoing trustee or advisor fees. We provide a clear fee outline and discuss value and timelines during the initial consultation.
If the beneficiary can no longer manage the trust, a professional or designated successor trustee continues to administer distributions and ensure compliance. The trust terms should address incapacity and appoint appropriate decision-makers.
Regular reviews—at least every few years or after major life events—help keep the plan current with changes in law, finances, or care needs. We recommend annual or semi-annual check-ins as circumstances require.
Bring identifying documents, copies of any existing wills or trusts, a list of assets, beneficiary information, and notes on anticipated care needs. A brief summary of goals and concerns helps us tailor the plan.
Yes. You can establish multiple trusts to address distinct goals, such as housing, education, or medical needs. Each trust should be coordinated to avoid conflicting terms and to maximize benefits.
