Special Needs Trusts

little girl with special needs

A special needs trust (SNT) is primarily used to provide support in the future for a dependent, while avoiding disqualification from assistance programs provided by the government. The funds within the trust are shielded from creditor claims, including landlords, lenders and credit card companies – similar to other types of trusts. One or more trustees oversee and invest assets from the trust, and these trustees can include family members and other independent professionals.

Several types of SNT exist, such as first-party or self-settled trust, used when the disabled individual receives a court-mandated settlement, an inheritance, or when they own property prior to the disability.

A third-party SNT is often created by parents with a disabled child, and these trusts are created and funded by someone other than the beneficiary.

Welfare programs are ever-changing, and it is crucial to select the particular SNT without jeopardizing access or funds by any government assistance eligibility, which could be very costly. Additionally, the laws and rules encompassing SNTs are particularly complex.

When your goal is to select the best option available for your loved ones, you will need to plan ahead in order to provide care for dependents coping with disabilities. This likely will require a lot of patience, research and time, but you will be able to maximize their quality of life as well as safeguard their care in the present, and after you are unable to provide it any longer.

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This Law Office is currently open and fully operational in this challenging time.  Getting your affairs in order is even more important in these times of uncertainty, and, in light of the current restrictions, we have raised our level of service by providing you with a process that does not require you to visit our office until document signing.  We offer virtual meetings, conducted with utmost security, as well as phone and email communication.   Where coming to the office is necessary, we are mindful of each person's six-foot personal space, and we disinfect all surfaces and door handles before and after in-person signing appointments. We took these steps to ensure your safety because we look forward to securing your future beyond this current crisis.