Establishing a properly funded Special Needs Trust can safeguard benefits such as Supplemental Security Income and Medicaid while ensuring essential services are available. A well-structured trust prevents inadvertent disqualification, coordinates care across family members, and provides a professional framework for asset management, inflation protection, and future planning for education, housing, and healthcare.
A comprehensive plan provides predictable funding for essential services, reducing gaps in care and ensuring timely access to therapies, equipment, and support services. This predictability offers peace of mind to families while maintaining program eligibility for the beneficiary.
Hatcher Legal, PLLC offers practical, clear guidance on Special Needs Trusts backed by estate planning experience in North Carolina. We listen to your goals, explain options in plain language, and implement plans that align with your family’s values and financial realities.
Ongoing administration includes recordkeeping, annual reviews, and coordinating with service providers. Our team supports trustees and families to ensure compliance and timely updates as circumstances change.
A Special Needs Trust is designed to supplement, not replace, government benefits for a person with a disability. It helps fund items and services that enhance quality of life while preserving eligibility for programs like Medicaid. The trust provides a structured, legal framework to manage resources responsibly and with the beneficiary’s best interests in mind.
A trustee can be a family member, a trusted friend, or a professional fiduciary. The key requirement is someone who understands disability needs, maintains careful records, and communicates clearly with families. Professional trustees often offer specialized administration, experience with benefit programs, and long-term reliability.
Typically, properly drafted Special Needs Trusts do not disqualify a beneficiary from SSI or Medicaid. However, poorly designed arrangements can impact eligibility. Working with an experienced attorney helps ensure the trust aligns with current rules and avoids inadvertent loss of benefits.
Costs vary with complexity but usually include initial planning, document drafting, trustee selection, and funding guidance. Ongoing administration may incur annual or per-distribution fees. We provide transparent estimates up front and offer flexible options to fit your family’s budget and goals.
Yes. A well-drafted trust can be amended or updated to reflect changes in law, family circumstances, or care needs. Amendments require careful consideration of benefit implications and proper execution to maintain eligibility and compliance.
If a beneficiary passes away, any remaining trust assets may be used to reimburse government programs when required by payback provisions. After obligations are satisfied, remaining funds can pass to designated heirs according to the trust terms, subject to applicable laws.
A pooled trust merges assets from multiple beneficiaries under professional management. It is appropriate when families seek cost-effective administration and access to specialized fiduciary services while preserving eligibility for government benefits for each participant.
Funding typically involves transferring assets such as cash, securities, or property into the trust. Our team helps coordinate title transfers, beneficiary designations, and funding milestones to ensure the trust can meet anticipated care needs over time.
Please bring identifying documents, any existing will or trusts, information about impairment, current benefits, caregiver contacts, and a list of anticipated care needs. The more complete your information, the faster and more accurately we can tailor a plan.
Starting sooner gives you more time to plan for contingencies, coordinate guardianship, and secure funding. Early planning reduces urgency later and helps ensure a smoother implementation of a comprehensive Special Needs Trust.
