A well crafted special needs trust protects eligibility for government programs while allowing funds to be used for improving quality of life. It reduces risk of inadvertent asset spend downs and provides a reliable framework for future care needs, budgeting, and family decisions.
A single, well documented plan helps maintain consistency as family needs evolve, reducing the risk of misinterpretation and ensuring care remains uninterrupted whether plans shift due to health changes or new regulations.
Our team combines local knowledge with a collaborative planning approach to deliver clear, durable special needs plans that fit your goals and budget.
We offer periodic reviews and updates as laws change or family circumstances evolve.
A Special Needs Trust is a legally created instrument designed to benefit a person with a disability while preserving eligibility for needs based government programs. It directs assets toward supplemental supports without counting toward resource limits. A trust is managed by a trustee who follows the rules set in the document and by the guidelines of state law. This structure helps ensure care while reducing risk of benefit loss.
Beneficiaries can include a person with a disability as well as family guardians who will manage the trust. Eligibility depends on the beneficiary’s disability and the terms of the trust. We help determine who should serve as trustee and how to coordinate care across professionals to support the beneficiary’s needs.
A Special Needs Trust typically does not affect eligibility for SSI if funded and administered properly. However certain terms govern distributions and residual assets after death, so it’s important to work with an attorney to align with current program rules. A knowledgeable attorney can ensure the trust funds are used in ways that complement benefits rather than undermine them.
The trustee can be a family member, a trusted friend, or a professional corporate trustee. The key is reliability, financial literacy, and willingness to manage long term obligations. We help you assess candidates, discuss fiduciary duties, and document successor arrangements to ensure smooth leadership if plans change.
Funding strategies may include establishing a separate bank account, transferring assets during the grantor’s lifetime, or using inheritances. Proper funding is essential to ensure distributions can support the beneficiary without jeopardizing benefits. We evaluate options for funding and coordinate with financial advisors to implement a plan that is sustainable.
After death, remaining trust funds are distributed according to the trust terms. If any funds remain, they may be used for eligible last needs or may be paid to contingent beneficiaries, all while respecting program rules. Detailed planning with an attorney helps ensure a smooth transition and proper handling of any tax consequences.
Most Special Needs Trusts are irrevocable, but some changes may be possible through codicils or amendments if the trust permits. It is important to discuss options with your attorney before funding. We review trust provisions and state law to determine permissible adjustments while maintaining beneficiary protections.
While it is possible to set up some documents on your own, a specialized estate planning attorney helps ensure the trust complies with state laws, aligns with benefits requirements, and reduces the risk of errors. We guide families through every step, from drafting to funding to ongoing management.
Costs vary by complexity and plan features. Typical components include initial consultation, document drafting, filing, and ongoing reviews. We provide clear estimates upfront and discuss payment options. Our goal is transparent pricing and value, with services designed to fit your needs and budget.
The timeline depends on the complexity of assets and funding. A typical initial draft can be prepared within a few weeks, followed by client review, signatures, and funding steps. Ongoing updates occur as laws change or family circumstances evolve.
