Special Needs Trusts and Supplemental Needs Trusts allow disabled individuals the means to shelter their resources from the costs of necessary medical care while maintaining their eligibility for government benefits. They are also used to establish an individual’s eligibility for government benefits, such as Medical Assistance (Medicaid) and Supplemental Security Income (SSI). These types of Trusts are quite complicated and must be established in strict conformity with federal and state laws. Our firm is skilled in the process of establishing these trusts, maintaining them, and when necessary, assisting trustees with annual court accountings and court appearances.
With proper planning, money that a disabled individual obtains or saves can be deposited into a Special Needs Trust and allows the individual to remain eligible for government benefits. The Trust can be used to provide extra benefits to the disabled individual such as social and recreational programs, travel opportunities and equipment not covered by publicly funded programs.
As well as preparing individual Special Needs Trusts and Supplemental Needs Trusts, with family members serving as trustees, our office also works closely with a Pooled Special Needs Trust program run by a well-known local non-profit social service agency. The Pooled Special Needs Trust can be particularly beneficial in situations where the disabled individual receives some type of settlement, inheritance, V.A., or Social Security back payment for an amount, which, while significant to the individual, may not be enough to be cost effective in paying to establish a separate Trust. By using the Pooled Special Needs Trust, assets of smaller nature can be pooled with larger investments for greater investment return. Even though assets are pooled with others, a separate account is maintained for each beneficiary of the Trust for purposes of investment and management of funds.