Special needs trusts help safeguard critical resources for loved ones who rely on disability benefits, while still providing funds for education, medical care, recreation, and daily living. By coordinating trust provisions with government guidelines, families in Roxboro can reduce risk and improve long-term quality of life.
Consistent guidance across life stages minimizes surprises and helps protect benefits while providing for evolving needs.
Our North Carolina practice emphasizes clear communication, transparent planning, and compassionate service. We help families understand their choices, prepare robust documents, and implement plans that align with long-term goals and everyday needs.
We provide ongoing consultation to address questions, amendments, and administrative tasks.
A special needs trust is a legal arrangement designed to provide supplemental support for a beneficiary without disqualifying them from essential government benefits. It preserves assets while enabling funds to be used for education, healthcare, and daily living needs. The trust keeps the beneficiary eligible for programs such as Medicaid and Supplemental Security Income.
Anyone—most commonly a parent, grandparent, or guardian—can establish a special needs trust. Funding must be planned carefully to avoid disqualifications. A well-structured trust coordinates with current benefits and anticipates future needs, ensuring funds are available when care services are required.
If funded correctly, a special needs trust generally does not jeopardize public benefits. However, improper funding or distributions can impact eligibility. A careful drafting and ongoing review ensure benefits remain intact while the beneficiary receives needed extras from the trust.
Choosing a trustee involves considering reliability, financial acumen, and a commitment to the beneficiary’s best interests. Many families select a trusted relative or a professional fiduciary. Clear guidelines and successor trustees help maintain governance despite life changes.
Funding sources may include inheritances, settlements, life insurance proceeds, or transferred assets. It is essential to structure funding so it does not count against eligibility for benefits while still providing meaningful support for daily needs.
Most special needs trusts are irrevocable, but some changes can be made through amendments or restatements with court approval. Ongoing review with your attorney helps adapt the plan to evolving needs, laws, and family circumstances.
First-party SNTs use the beneficiary’s own assets, while third-party SNTs are funded by other people. Both protect benefits, but first-party trusts require careful handling to preserve eligibility, whereas third-party trusts focus on providing for future care without risking the beneficiary’s assets.
ABLE accounts complement special needs planning by offering tax-advantaged savings for disability-related expenses. They are typically used alongside SNTs to maximize resources without compromising eligibility for critical benefits.
Please bring any documents detailing existing wills, guardianship arrangements, disability benefits, and a list of assets and current caregiving needs. The more information you provide, the better we can tailor a durable plan for your family.
