Establishing a properly funded Special Needs Trust helps safeguard eligibility for crucial programs while providing flexibility for future care. It clarifies guardianship roles, coordinates with beneficiaries, and reduces the risk of asset mismanagement. A thoughtful plan also minimizes family stress during transitions and potential disputes.
With a comprehensive plan, protections are explicit and less prone to misinterpretation. Trustees follow clear guidelines, distributions align with care plans, and family members understand their roles, reducing disputes and enhancing peace of mind for everyone involved.
Our firm combines knowledge of estate planning, disability law, and taxation to deliver practical, compliant strategies. We take time to understand your family’s unique needs and craft a plan that balances protection, independence, and cost considerations.
Regular reviews keep the plan aligned with changing laws, benefits rules, and family circumstances. We provide checklists, update letters, and guidance to ensure continuity.
A Special Needs Trust is a financial tool designed to support a beneficiary with a disability without disqualifying them from essential government benefits. It allows additional resources for daily living, therapies, education, and recreational activities while maintaining eligibility for programs like Medicaid and SSI. Planning with a knowledgeable attorney helps ensure the trust reflects your family’s goals and complies with applicable laws.
A properly drafted SNT typically preserves eligibility for many benefits, but certain trust types and funding sources can affect status. By tailoring the trust to the beneficiary’s circumstances, families can protect essential benefits while using trust assets to supplement care and improve quality of life. Ongoing reviews help maintain compliance.
Funding sources may include inheritances, settlements, or gifts from family members. A well-structured plan keeps assets separate and properly titled, reducing risk of misapplication. Protection comes from clear trustee duties and distributions aligned with the beneficiary’s care plan and benefits requirements.
Many SNTs are designed to last for the beneficiary’s lifetime, with provisions for termination or modification if circumstances change. Administration is typically handled by a designated trustee, who manages distributions, records, and reporting. Regular reviews help ensure the trust remains aligned with goals and laws.
YES. An SNT can work with an ABLE account, allowing separate streams of funding. ABLE accounts are used for qualified disability expenses, while the SNT supports broader needs. Coordination between both tools helps maximize benefits while maintaining compliance and flexibility.
Medicaid payback requires that certain remaining trust assets be used to reimburse Medicaid after the beneficiary’s death. Rules vary by state and trust type. Understanding payback impacts planning decisions, distributions, and how funds are allocated both during life and at termination.
First-party SNTs fund assets belonging to the beneficiary and can trigger payback, while third-party SNTs are funded by others and generally do not require payback. The choice affects funding flexibility, governance, and long-term planning strategies.
Costs include initial drafting, funding planning, and periodic reviews. Ongoing administration fees may apply if a professional trustee is used. We provide transparent pricing, outline all charges up front, and help families compare options to fit budgets.
To start, contact our Denver office for a consultation. We’ll discuss goals, gather basic information, and outline the steps and timelines. You’ll receive clear guidance on documents needed, potential costs, and how the process unfolds to achieve a durable plan.
Documents commonly required include proof of identity, current benefits statements, information about guardians and caregivers, asset and income details, and any existing trusts. We provide a checklist to help you prepare efficiently and ensure a smooth first meeting.
