Special Needs Trust

Protecting a person
with a disability such as
autism, spinal cord injury, ADD

A Special Needs Trust, sometimes called a Supplemental Needs Trust, is used to benefit a person with a disability. The trust provides instructions on how to manage money that is being set aside to help care for a disabled person.

Supplemental Needs Trust Requirements

• the monies be used to "supplement" the care of a disabled person and not to "support" a disabled person
• the monies in the trust are managed by a trustee and not by the disabled person
• the Supplemental Needs Trust is irrevocable - that is the settlor cannot undo it, nor benefit from the assets, nor tell the Trustee how to manage the trust

Advantages to creating a Special Needs Trust?

• these Trusts allow an unlimited amount of money to be held for the benefit of a disabled person without disqualifying the disabled person from benefits provided by federal and state support programs.

  This is important because programs such as Medicaid can not be used if the disabled person has assets worth more than $2000.

  Moreover, if a disabled person on Medicaid were to inherit a sum of money beyond that $2,000 threshold, the inheritance could disqualify the disabled person from Medicaid benefits until after the inheritance has been completely used up.

• With such a Trust, the money in the trust is available to help a disabled person but the funds in the Trust are not considered an asset of the disabled person.
• There are no limits to the amount of money that can be held in a this type of Trust - and the money can come from anyone, including parents, grandparents, family members and friends - even strangers who might care to contribute.
• This Trust is not just for money. The Trust can own a house or vehicle that would otherwise disqualify the disabled person from receiving benefits from the government.

Do you worry about a person with a disability or advise people who have such worries?

Do you need answers about special needs trusts, guardianship, SSI, other government benefits, and financial and life planning for a person with a disability?

Creating a Special Needs Trust is not a do-it-yourself project - you need to retain the services of an attorney who is knowledgeable about Trusts.

Learn every single way to protect the future security of a person with a disability. That way, you'll be well prepared to work with our experts.

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