Special Needs Trusts help families balance protection and independence by limiting spend-down requirements for public benefits while preserving resources for future care. They provide flexibility to fund education, therapies, and daily supports, all while maintaining eligibility for programs such as Medicaid and Supplemental Security Income.
By coordinating trust terms with public programs, families safeguard assets while supporting daily needs. This balance helps protect eligibility and ensures resources are directed to essential supports, including healthcare, housing, and education.
Choosing our firm means working with attorneys who prioritize practical planning, clear communication, and long-term stability for your family. We guide you through document drafting, funding strategies, and regular reviews to adapt to changes.
Periodic audits ensure compliance and alignment with goals over time.
A Special Needs Trust is a savings vehicle that benefits a person with a disability without jeopardizing eligibility for essential government programs. It is designed to supplement, not fund, daily living expenses. The trust is managed by a trustee who distributes funds for care and quality-of-life needs in a way that respects program rules and future planning goals.
Anyone who has a loved one with a disability who relies on benefits like Medicaid or SSI can benefit from a Special Needs Trust. If financial resources, guardianship questions, or long-term care plans are concerns, a trustee and attorney can help implement the right structure.
A properly drafted SNT preserves eligibility for needs-based programs by carefully excluding funds from countable assets. Distributions to care items are allowed, but the trust cannot pay for basic living expenses that would reduce benefits.
The trustee can be a family member, friend, or a professional fiduciary. It is crucial to select someone trustworthy who understands the beneficiary’s needs and can manage distributions and reporting.
Funding can come from a variety of sources, including family, settlements, or leftover assets. Funding strategies must align with current benefits rules to avoid unintended consequences.
Costs vary based on complexity. You should discuss fees during a consultation. Ongoing administration costs exist but can be minimized with proper planning and professional governance.
Creation times depend on the complexity and coordination with other documents. A typical process may take several weeks to finalize and fund the trust.
Most trusts are amendable during planning; once funded, changes require careful legal steps. Review with your attorney to understand options for updates and potential restatement.
Upon the beneficiary’s death, funds usually pay back Medicare/Medicaid if required by law or state. Otherwise, the remaining assets can be used for eligible purposes or pass to heirs according to the trust terms.
To get started, schedule a consultation with a Special Needs Trust attorney. Bring financial documents, existing plans, and a list of caregivers and benefits to guide the drafting.
