Special Needs Planning
Families who have a family member with a disability must plan for the future very carefully. How assets are left after your death can have a tremendous impact on the quality of life for that person. In the past, a Will may have been enough, but times have changed. To protect a person with special needs, a well-defined estate plan is vital.
HOW A SPECIAL NEEDS TRUST WORKS
A Special Needs Trust allows a parent, grandparent or guardian to provide funds for a child with a disability without disrupting the child’s eligibility for government aid. Setting one up is a fairly simple process. Important points to remember while investigating the use of this estate planning tool are:
- Decide on an appropriate guardian for your child
- Determine who would be a suitable Trustee(s) to manage the Trust’s assets and supervise your child’s finances
- Outline instructions for your child’s education, housing, personal and emotional needs
Our law firm helps families address the financial, legal and social aspects of a person’s life to develop an effective plan for the future. Our goal is to ensure that their needs are met and that they have the opportunity to expand their horizons and follow their dreams.
Special Needs ResourcesFrequently Asked Questions about Special Needs Planning
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A Special Needs Trust is a legal arrangement that allows parents, grandparents, or guardians to set aside funds for a loved one with a disability without affecting their eligibility for government benefits such as SSI or Medicaid. The trust provides financial resources for quality-of-life expenses while preserving access to essential public assistance programs.
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If a person with a disability receives an inheritance directly, that money may count as an available resource and could disqualify them from receiving government aid. A properly drafted Special Needs Trust prevents that outcome by allowing funds to be used for approved purposes while maintaining benefit eligibility.
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Parents, grandparents, legal guardians, or other caring relatives can establish a trust during their lifetime or through their own estate plan. In some cases, the trust can also be funded with the beneficiary’s own assets if structured correctly.
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Trust assets can be used to cover a wide range of expenses that improve the beneficiary’s comfort, health, and independence. These may include education, transportation, housing support, recreational activities, therapy, assistive technology, and other non-covered medical or personal needs.
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The Trustee should be someone you trust to act in your loved one’s best interests and to manage funds responsibly. Some families name a trusted individual, others choose a professional or corporate trustee, and some use a combination of both for added support and oversight.
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When structured properly, a Special Needs Trust will not interfere with eligibility for government programs. Our role is to create the trust in compliance with all relevant rules so your loved one can continue receiving the assistance they need.
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Yes, many Special Needs Trusts are designed with flexibility so they can be updated as laws, family circumstances, or the beneficiary’s needs evolve. We work with families over time to keep plans current and effective.
