These trusts safeguard government benefits and provide a flexible funding source for medical care, therapy, housing, and life enhancements. Thoughtful planning helps maintain eligibility, reduces risk of penalties, and supports caregivers by clarifying how resources are used for the beneficiary’s best interests over time.
Continuity of care means services, supports, and care provider relationships remain stable as circumstances evolve, reducing disruptions and helping families maintain routines that promote independence and dignity for the beneficiary.
Choosing our firm means working with attorneys who emphasize practical solutions, open communication, and respectful service. We tailor strategies to your family’s goals, assets, and timing, helping you navigate complex rules while staying aligned with your values.
Ongoing administration includes record-keeping, annual or semi-annual reviews, and updates in response to life events, changes in benefits programs, or shifts in family circumstances.
A Special Needs Trust is a trust designed to supplement, not substitute, government benefits for a person with a disability. It can pay for items and services that benefits do not cover, while preserving eligibility for Medicaid, SSI, and other supports. Funds are held by a trustee and used for care, therapy, and supports that enhance quality of life. Proper planning helps ensure the trust aligns with the beneficiary’s needs while maintaining program eligibility.
Parents, guardians, and family members of a person with a disability should consider a Special Needs Trust to protect future resources and coordinate with public benefits. A well-planned trust can provide for care, housing, and enrichment while keeping eligibility intact. Professional guidance helps tailor options to your family’s situation.
An ABLE account allows savings for disability-related expenses without automatically affecting eligibility for means-tested benefits, while a Special Needs Trust can coordinate multiple funding sources and distributions to cover a broader range of needs. Both tools can complement each other when used under proper guidance to meet long-term goals.
If drafted and funded correctly, a Special Needs Trust should preserve eligibility for Medicaid and other programs by limiting distributions to approved categories. The trustee must follow the trust terms and relevant rules to avoid disqualifying events, with ongoing reviews to stay compliant as laws evolve.
A trustee can be a family member, trusted friend, or a professional organization with experience in managing trusts for vulnerable individuals. The choice should reflect reliability, financial acumen, and the ability to communicate clearly with the beneficiary and care team.
Funding can come from family gifts, inheritances, life insurance proceeds, or third-party contributions. A funding plan considers timing, tax implications, and how funds will be managed to support the beneficiary without compromising benefits.
Upon the beneficiary’s death, remainder assets may be used to reimburse government programs for medical assistance provided during the beneficiary’s life, depending on the trust terms and applicable law. A well-drafted plan addresses such contingencies and clarifies distribution priorities.
Yes. North Carolina allows Special Needs Trusts and provides guidance on how they interact with state and federal benefit programs. Local law familiarity helps ensure compliance, proper funding, and effective coordination with guardianship and care planning.
The timeline varies with complexity, funding sources, and readiness of parties. From initial consultation to signing and funding, many plans can be completed within a few weeks to a few months, depending on document preparation, reviews, and funding arrangements.
Costs depend on the complexity of the trust, funding needs, and attorney or firm pricing. We provide clear, upfront estimates and explain what services are included, such as drafting, reviews, and funding coordination, to help families make informed decisions.
