Special Needs Trusts are designed to supplement, not replace, government benefits such as Medicaid and Supplemental Security Income. They provide a flexible funding mechanism for education, therapy, housing, and recreation while protecting eligibility. The benefit extends beyond the present to secure a stable future for a loved one who relies on support from family and community resources.
Greater stability across benefits programs helps prevent unintended disqualifications and reduces last-minute changes. A well-coordinated plan provides steady funding for care, therapy, and supportive services, supporting consistent outcomes and peace of mind for families and caregivers during transitions.
Choosing the right attorney helps ensure your plan reflects family values, complies with applicable laws, and remains adaptable as circumstances change. Our firm emphasizes clear communication, transparent costs, and timely guidance to support you through every stage from initial consultation to ongoing administration.
Periodic audits, beneficiary communications, and annual plan summaries are prepared to help families stay informed. We coordinate with tax professionals to address any changes in deductions, credits, or reporting obligations. This final stage emphasizes accountability and long-term stewardship.
A Special Needs Trust is a specialized arrangement that holds assets for the beneficiary while preserving eligibility for public benefits. The trust pays for approved items such as therapy, transportation, and housing, rather than giving direct cash. A trustee administers the account, documents spending, and ensures compliance with program rules. The second paragraph explains how distributions support daily living and long-term goals while maintaining program eligibility.
A trustee should be someone who is trustworthy, organized, and able to follow instructions. Many families appoint a family member, friend, or a professional fiduciary who understands disability benefits and the responsibility of safeguarding funds for ongoing care. If a professional is chosen, duties, compensation terms, and successor trustee arrangements should be clearly defined. We can help draft these.
A properly drafted SNT is designed to supplement benefits and not to disqualify the beneficiary. Funds outside direct eligibility counts can be used for approved expenses without triggering loss of Medicaid or SSI eligibility when distributions follow program rules. However, some assets may be counted in certain circumstances, so it is important to work with an attorney who understands the nuances.
Funding a Special Needs Trust can come from a variety of sources, including inheritances, life insurance proceeds, and family assets placed into the trust. A funding plan is coordinated with tax, elder law, and disability benefits considerations to ensure ongoing compatibility with eligibility rules. Distributions are carefully timed and documented, with trustees following established criteria.
Amendments may be necessary as family circumstances change or programs update rules. A method exists to revise distributions, appoint new trustees, or adjust funding while keeping the trust valid. We guide clients through amendment processes in a timely and compliant manner. Some changes require court involvement or updated grantor instructions; we assist accordingly.
Fees for establishing a Special Needs Trust vary by complexity and locality. We provide transparent, itemized estimates during the initial consultation and offer flexible payment options. Understanding the scope helps families plan accordingly. Ongoing administration costs for trustees, reporting, and periodic amendments may apply; we discuss costs up front.
Regular reviews, at least annually, help ensure the trust aligns with changes in health, finances, or program rules. We also adjust for life events such as marriage, relocation, or newly arising care needs to keep goals current. A formal schedule with reminders supports timely amendments and ongoing care.
Most Special Needs Trusts are irrevocable to protect benefits, though some arrangements allow limited revocation if permitted by state law and when consequences are carefully weighed. We discuss options and tailor the approach to balance flexibility with benefit protection. In Rockville, revocability is evaluated per case.
Guardianship may be relevant when the beneficiary cannot advocate for themselves. In some cases, a guardianship is coordinated with a trust to ensure decision-making authority while protecting assets and benefits. We explain frameworks that preserve independence where possible. We also consider alternatives like supported decision-making.
Family member trustees bring knowledge of the beneficiary’s routines and values, but they may face conflicts of interest or time constraints. Professional trustees offer consistent governance and formal reporting, though costs and conflicts must be managed. We help families choose the best balance by weighing relationships, responsibilities, and the beneficiary’s needs.
