Special Needs Trusts help families secure critical benefits while providing funds for education, housing, healthcare, and daily living expenses. By separating the beneficiary’s assets from the rest of the family’s resources, a properly drafted trust can prevent disqualification from programs like Supplemental Security Income and Medicaid while preserving financial flexibility.
The most significant benefit is long-term stability for the beneficiary, with predictable care, reliable access to resources, and seamless transitions across life stages that reduce stress for families and caregivers everyday.
Our law firm focuses on clear communication and practical strategies that fit your family’s budget and values. We provide step-by-step guidance, explain options in plain language, and coordinate with financial professionals to implement a durable plan.
Ongoing administration includes recordkeeping, distributions in line with the trust terms, and periodic reviews to adapt to changing circumstances.
A Special Needs Trust (SNT) is a trust designed to benefit a person with a disability while preserving access to public benefits. It allows for supplemental support without disqualifying eligibility for programs like Medicaid. SNTs are tailored to individual needs and coordinated with guardians and care plans. They require careful drafting and ongoing oversight.
Anyone with a relative who has a disability can consider an SNT, including parents, siblings, or guardians. The decision depends on goals for care, asset protection, and benefit eligibility. An attorney can assess family resources and help determine if an SNT is the right fit.
In most cases, properly structured SNTs preserve eligibility for essential benefits while providing additional support. Direct gifts to a person with a disability can jeopardize benefits, whereas a funded trust can offer safeguards. A qualified professional can tailor the strategy to current benefit rules.
If an SNT is not established, funds can affect benefit eligibility and complicate future care. Assets outside a protective structure may be considered in means-tested programs, reducing available supports. Planning ahead helps avoid unintended disqualifications and preserves resources for ongoing care.
A trustee can be an individual, a family member, or a trusted financial institution. The key requirement is diligence, honesty, and a willingness to manage assets in the beneficiary’s best interests. Selecting a local, reliable trustee helps ensure proper administration and compliance.
Costs vary based on complexity, jurisdiction, and professional fees. Typical expenses include initial consultation, document preparation, court filings (if needed), and ongoing administration. A clear fee structure and written estimates help families plan with less uncertainty.
Yes, funds remaining in a properly drafted trust can continue to support the beneficiary after death for final expenses, caregiver needs, or to last distributions. Provisions must align with state law and program rules, and careful planning ensures continued protection for future generations.
Funding can occur through transferring assets into the trust, designating the trust as a beneficiary of accounts, or coordinating with a will. The process requires careful documentation and timing to maintain eligibility for benefits throughout life transitions.
A will can direct funds to a Special Needs Trust, but the trust itself must be created during the individual’s lifetime or as a separate trust at death. An attorney can ensure proper sequencing and avoid inadvertently affecting benefits.
Bring any current benefit statements, guardianship documents, lists of assets, questions about future care, and a family care plan. This information helps the attorney tailor a plan that protects eligibility while meeting daily living needs.
