Special Needs Trust

Special needs trusts, sometimes called supplemental needs trusts, are established to provide prolonged support for disabled children, vulnerable adults, elderly parents, or other individuals with neurological impairments, mental illness or physical disabilities. The trusts are used to provide enhanced benefits, which often improve the quality of life of the trust beneficiary.

These unique trusts, when properly drafted, will serve to prevent the trust beneficiary from losing access to much-needed, but means-tested government benefits, such as Medical Assistance or SSI. With such a trust in place, assets held in that trust are not considered as “available resources” under applicable laws and regulations. This means that a disabled beneficiary can still receive the benefits of a trust, but not lose the security that access to governmental benefits programs can provide.

Special needs trusts can be testamentary trusts---trusts created in a will; they can be made a part of a living trust; or they can be created as independent trusts managed by the parent or guardian of the trust beneficiary.

Our attorneys are compassionate and understanding, and provide clients with advice, information and options when discussing how to best meet the lifelong needs of loved ones with special needs.