Protecting eligibility for SSI and Medicaid is the central benefit of a properly structured special needs trust. In Wilkesboro and across North Carolina, families also gain control over distributions for healthcare, education, therapy, and caretaking costs without sacrificing essential benefits or triggering unintended asset transfers.
Improved stability arises from clear governance, predictable funding, and proactive review cycles that help families adapt to changing health, legal, and financial circumstances. This reduces stress during transitions.
Hatcher Legal, PLLC serves North Carolina with compassionate planning, clear guidance, and practical solutions for families facing disability planning. We work collaboratively to craft plans that fit your goals and resources.
Annual trust reviews, life event updates, and directed changes to distributions keep the plan aligned with health, financial, and family changes. We prioritize practical solutions.
A special needs trust is a legal arrangement that holds assets for a beneficiary with a disability while preserving eligibility for means-tested government programs. It can prevent the beneficiary’s assets from disqualifying them from SSI or Medicaid. Funds are used to cover supplemental needs not funded by public programs, such as therapy, transportation, or enrichment activities, under careful fiduciary oversight. A properly drafted trust aligns with state and federal rules while maintaining privacy and planning certainty.
The trustee is the person or institution responsible for managing trust assets, making distributions, and keeping records. For special needs trusts, many families choose a professional fiduciary or a trusted family member who understands the beneficiary’s needs and local program rules. We help evaluate options, discuss costs, and ensure the trustee’s duties include safeguarding eligibility, appointing backups, and communicating with caregivers. Clear governance reduces conflict and protects the plan.
A special needs trust may fund medical care, therapy, respite care, transportation, housing, education, and enrichment programs that public benefits do not fully cover. The exact list is defined by the trust terms and program rules to avoid disqualifying assets. Proper drafting ensures funds are used for eligible needs and that distributions are documented for accountability and future reviews. This supports protection of benefits.
Public programs like SSI and Medicaid have strict asset limits. A properly funded trust holds assets outside the beneficiary’s personal count, enabling continued eligibility while increasing available resources for care. The trust must be carefully drafted to comply with both state law and federal guidance, and regular reviews help adapt to program changes. We assist with updates.
Yes. A special needs trust can be funded with inheritances, settlements, or retirement assets while keeping the beneficiary eligible for public benefits. Third-party funded trusts often receive assets from family members. We tailor funding strategies to honor the donor’s wishes and preserve program eligibility, while ensuring ongoing administration.
The trustee appointed in the trust governs distributions and maintains records. After the grantor’s death, successor trustees continue administration according to the trust terms. We discuss choosing a suitable successor, potential professional fiduciaries, and how the trust interacts with probate and settlement processes.
Most special needs trusts are designed to avoid income tax on the trust assets and to minimize estate tax exposure, while distributing funds for beneficiary needs. We coordinate with financial advisors to ensure tax efficiency and compliance, as part of a disciplined plan.
Ongoing maintenance includes annual accounting, review of distributions, updating trustee contact information, and confirming beneficiary needs align with program rules. We provide checklists, periodic consultations, and file updates to keep the trust current and compliant.
Modification options exist under certain circumstances, including no probate, fiduciary changes, or changes in beneficiary needs, but they require legal action and careful adherence to governing documents. Consultation with an attorney helps determine viable paths and the steps required.
Begin with a no-obligation consultation to discuss goals, assets, and family dynamics. We will explain options, collect documents, and outline a plan tailored to Wilkesboro and North Carolina rules. From there, we prepare draft documents, coordinate funding, and guide you through execution and later administration.
