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    Managing Assets in a Special Needs Trust

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    February 2, 2024
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    February 15, 2024
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    Published by Yoni Markhoff at February 15, 2024
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    • Special Needs Trust
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    Managing assets in a special needs trust requires careful planning and consideration to ensure that individuals with disabilities continue to receive the support and resources they need without jeopardizing their eligibility for government benefits.

    A special needs trust (SNT) is a legal arrangement designed to provide for the financial needs of in

    dividuals with disabilities while preserving their eligibility for means-tested government benefits such as Supplemental Security Income (SSI) and Medicaid. Unlike a traditional trust, which may provide direct payments to beneficiaries, an SNT is managed by a trustee who can use the trust funds to supplement, rather than replace, government benefits.

    One of the primary challenges in managing assets in an SNT is balancing the beneficiary’s financial needs with the requirements of government benefit programs. Since eligibility for programs like SSI and Medicaid is based on strict income and asset limits, any direct payments or gifts to the beneficiary could result in the loss of these critical benefits. Therefore, the trustee must carefully manage the trust funds to ensure that they are used to enhance the beneficiary’s quality of life without disqualifying them from essential benefits.

    To achieve this balance, trustees of SNTs must adhere to specific rules and guidelines outlined by federal and state laws. They must also maintain detailed records of trust expenditures and regularly communicate with government agencies to ensure compliance with benefit eligibility requirements.

    In addition to managing the financial aspects of the trust, trustees may also be responsible for making decisions regarding the beneficiary’s care, housing, and other essential needs. This may involve working closely with healthcare providers, social workers, and other professionals to ensure that the beneficiary’s needs are met in the most effective and compassionate manner possible.

    Overall, managing assets in a special needs trust requires a deep understanding of the complex rules governing government benefit programs, as well as a commitment to advocating for the best interests of the beneficiary. By carefully navigating these challenges, trustees can help individuals with disabilities maintain their financial security and access the resources they need to live fulfilling and independent lives.

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    Yoni Markhoff
    Yoni Markhoff

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