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Should you consider a special needs trust?

On Behalf of | Nov 29, 2024 | Estate Planning

Providing long-term care and financial security for a family member with special needs can be a complex challenge. One solution is a special needs trust. This financial tool can provide numerous benefits, but it is essential to understand when it might be necessary and how it can help.

When might a special needs trust be necessary?

A special needs trust could be beneficial in the following scenarios:

Government benefits preservation

If your loved one receives means-tested government benefits like Medicaid or Supplemental Security Income (SSI), a special needs trust could help maintain their eligibility. These programs often have strict asset limits, and a trust can hold assets without counting toward those limits.

Future planning

You might want to leave an inheritance to your special needs family member without jeopardizing their benefits. A trust could manage these funds appropriately.

Complex care needs

If your loved one requires extensive, long-term care, a trust can ensure funds are available for their needs.

What are the potential benefits of a special needs trust?

Setting up a special needs trust may offer the following advantages:

Benefit protection

As mentioned, it can help preserve eligibility for crucial government benefits.

Financial management

A trustee could manage the trust and ensure the appropriate use of funds for the beneficiary’s needs.

Quality of life enhancement

While government benefits often cover basic needs, a trust could provide for “extras” that improve quality of life, such as entertainment, travel or additional therapies.

Long-term security

A well-structured trust could provide lifelong financial support, even after you can no longer manage care personally.

Flexibility

You could tailor trusts to meet the specific needs and circumstances of your loved one.

Setting up a special needs trust can be complex. You might want to consider seeking legal advice. An attorney could help you determine if a trust suits your situation and guide you.