Special needs trusts help preserve eligibility for government benefits such as Supplemental Security Income and Medicaid, while providing funds to cover therapy, housing, transportation, and enrichment activities without reducing benefits. They offer control over asset management and timing of distributions, reducing the risk of unintended loss of care.
A well drafted plan reduces the chance of assets being misused and clarifies who manages funds and when distributions occur. This clarity supports predictable outcomes for caregivers and reduces family disputes during difficult times.
We bring experience in estate planning, elder law, and guardianship to create durable, practical plans. Our team works closely with families to understand goals, explain options, and implement strategies that protect loved ones while preserving benefits.
We set periodic reviews to adapt to changes in beneficiary needs, family circumstances, and benefit regulations, ensuring the plan remains current and effective.
A Special Needs Trust is a legal arrangement designed to provide supplemental support for a beneficiary with a disability while preserving eligibility for means-tested benefits. It allows funds for therapies, equipment, and activities that improve quality of life without directly disqualifying essential programs. The trust is managed by a trustee who follows specific rules in the trust document.
A trustee can be a family member, a trusted friend, or a professional fiduciary. When selecting a trustee, consider reliability, financial acumen, and a clear understanding of the beneficiary’s care plan. Some families choose institutional trustees to ensure long term stewardship and impartial administration.
Benefits protected often include Medicaid, SSI, and other essential programs. A properly drafted trust pays for approved needs such as medical services, housing, transportation, and enrichment activities. It does not replace benefits but supplements them to enhance the beneficiary’s daily life.
Funding sources can include gifts from relatives, inheritances, or life insurance proceeds allocated to the trust. The funding method influences tax implications and eligibility considerations, so planning with an attorney is important to align funding with the beneficiary’s overall plan.
A properly structured SNT is designed to preserve eligibility for government programs. Missteps can impact benefits, so it is important to work with an attorney to ensure distributions are for approved needs and carefully coordinated with program rules.
Costs vary based on the complexity of the trust, the amount of assets, and whether ongoing administration is required. A thorough initial consultation can provide an estimate, with predictable filing and drafting fees outlined before work begins.
Timeline depends on the complexity of the plan and funding. A typical process includes initial consultation, drafting, review, and funding; many families complete a basic plan within a few weeks, while more complex arrangements may take longer.
Guardianship and power of attorney are separate tools that may be used in coordination with a Special Needs Trust. They help designate decision makers for personal and financial matters when the beneficiary cannot manage affairs independently.
If the beneficiary passes away, the trust terms determine asset distribution and any payback obligations to government programs. A well drafted plan addresses final steps and protects remaining assets for enduring family purposes according to state law.
Choosing our firm means working with attorneys who focus on estate planning and elder law. We provide clear explanations, collaborative planning, and a practical approach to protect a loved one’s benefits and quality of life while navigating goals and finances.
