What Is A Special Needs Trust

A Special Needs Trust (SNT) is a legal and financial arrangement designed to provide financial support and security for individuals with disabilities, without jeopardizing their eligibility for government assistance programs like Medicaid and Supplemental Security Income (SSI). This trust is an invaluable tool for families who want to ensure that their loved ones with special needs receive the care and support they require throughout their lives.

How Does a Special Needs Trust Work?

A Special Needs Trust is typically established by a parent, grandparent, or legal guardian on behalf of a person with a disability. It can also be set up by the individual with a disability themselves, provided they have the legal capacity to do so.

Once the trust is established, assets are placed into it. These assets can include cash, real estate, investments, life insurance proceeds, or any other valuable items. The trust is managed by a trustee, who is responsible for administering the funds and making distributions on behalf of the individual with special needs. No the individual can NOT be their own trustee.

The Key Benefits of a Special Needs Trust:

1. Preservation of Government Benefits: One of the primary purposes of an SNT is to ensure that the beneficiary remains eligible for government assistance programs like Medicaid and SSI. Without a trust, a sudden inheritance or financial gift could lead to the loss of these essential benefits.
2. Supplemental Support: A Special Needs Trust can provide supplemental financial support to enhance the beneficiary’s quality of life. This can include funding for education, transportation, recreation, and other non-covered expenses.
3. Protection from Exploitation: By placing assets in a trust, you protect the beneficiary from potential financial exploitation or mismanagement of funds.
4. Peace of Mind: Families gain peace of mind knowing that their loved one will have the resources needed to live a fulfilling life, even after the caregivers are no longer able to provide support.

Types of Special Needs Trusts:

1. Third-Party Special Needs Trust: Established with assets from someone other than the beneficiary, such as parents or grandparents.
2. First-Party Special Needs Trust (or Self-Funded SNT): Funded with the beneficiary’s own assets, such as a personal injury settlement or an inheritance.
3. Pooled Special Needs Trust: Managed by a nonprofit organization, which pools the assets of multiple beneficiaries for investment purposes. Anyone over the age of 65 MUST use a Pooled Trust for their SNT.

A Special Needs Trust is a compassionate and strategic financial planning tool that ensures individuals with disabilities receive the care and support they deserve while protecting their eligibility for vital government benefits. If you have a loved one with special needs, consult with an experienced attorney to explore the best options for securing their financial future and enhancing their quality of life.