Planning for the Future With a Special Needs Trust Attorney

How a Special Needs Trust Attorney Can Secure Your Loved One’s Future

Caring for a family member with special needs is a profound responsibility. You do everything in your power to ensure they live a fulfilling life, free from financial or legal uncertainties. Yet questions often arise when government benefits like Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) become part of the picture. How do you protect eligibility for these programs while also planning for long-term stability? That’s where special needs planning comes into play. A special needs trust (SNT), drafted by an experienced special needs trust attorney, can bridge the gap between preserving benefits and enhancing your loved one’s quality of life.

What Is a Special Needs Trust?

A special needs trust is a legal tool that allows families to set aside funds for a person with disabilities without jeopardizing their eligibility for government programs like Medicaid or SSI. These trusts cover supplemental expenses such as therapy, education, and specialized medical care. They are intended to provide for things public assistance doesn’t cover.

The three main types of SNTs include:

• First-Party Special Needs Trusts – Funded with the beneficiary’s own money, often from an inheritance or legal settlement.
• Third-Party Special Needs Trusts – Created by parents or other relatives using their own assets.
• Pooled Trusts – Managed by nonprofit organizations, combining resources from multiple beneficiaries while keeping individual accounts separate.

Choosing the right trust depends on your family's situation and financial goals. A special needs trust attorney can help determine the best answer.

The Benefits of a Special Needs Trust

A special needs trust provides financial security and flexibility without interfering with public benefits. Key advantages include:

• Protection of Government Benefits – SSI and Medicaid have strict income and asset limits. An SNT ensures funds are available for supplemental expenses without counting as income.
• Trustee Oversight and Management – Appointing a responsible trustee safeguards assets and ensures they’re used appropriately for the beneficiary’s needs.

How a Special Needs Trust Attorney Can Help

Setting up an SNT involves more than just paperwork. A special needs trust attorney ensures the trust is legally compliant and properly structured. Their expertise covers:

• Drafting the Trust – Ensuring legal language meets federal and state requirements.
• Navigating Complex Laws – Regulations surrounding special needs trust compliance change frequently. A legal expert ensures your trust remains valid.
• Advising Trustees – Trustees manage the trust’s assets, and an attorney can educate them on their responsibilities.

Without professional guidance, an improperly structured trust could disqualify your loved one from critical benefits.

How to Set Up a Special Needs Trust

While the process may seem overwhelming, a special needs trust attorney can guide you through these essential steps:

1. Assess the Beneficiary’s Needs – Determine long-term care and financial requirements.
2. Choose the Right Type of Trust – Select a first-party, third-party, or pooled trust based on your situation.
3. Appoint a Trustee – Select a responsible individual or institution to manage the trust.
4. Fund the Trust – Identify assets such as savings, life insurance, or investments to include.
5. Draft the Trust Document – Work with an attorney to create a legally sound trust that complies with regulations.

Once established, regular reviews ensure the trust remains compliant with new rules for special needs trusts and continues serving its intended purpose.

Choosing the Right Special Needs Trust Attorney

Not all attorneys focus on special needs planning, so it’s crucial to choose one with expertise in this area. When selecting an attorney, consider:

• Experience – Look for an attorney who focuses on SNTs, Medicaid planning, and disability law.
• Knowledge of New Regulations – Laws change frequently. Your attorney should stay updated on new rules for special needs trusts.
• Long-Term Support – Special needs planning isn’t a one-time event. Work with an attorney who will provide ongoing assistance as laws and circumstances evolve.

Secure Your Loved One’s Future Today

Planning for the future of a loved one with disabilities requires careful consideration and expert guidance. A special needs trust attorney is an invaluable partner in this process, helping you navigate complex legal landscapes, set up a trust tailored to your needs, and stay compliant with evolving regulations. To learn more about special needs trusts and how an attorney can assist your family, join our webinar, Special Needs Probate 101, where we explore these topics in depth.