A Special Needs Trust (sometimes referred to as a ‘supplemental needs trust’) is a trust fund for a disabled beneficiary. It allows a person to receive a settlement or estate distribution in Trust and remain on government benefits. It is important to create a Special Needs Trust to ensure that the disabled beneficiary has access to a broader pool of assets for their care, without disqualifying them from government benefits.
Protecting a loved one with a special needs trust can ensure there is no lapse in government benefits. We offer your loved one protection, so they can still receive benefits from the government. The special needs planning attorneys at Evergreen Elder Law understands how to ensure you receive your government benefits and still receive benefits from a personal injury, settlement, or inheritance.
The Most Common Reasons People Create a Special Needs Trust:
- To protect assets that belong to a beneficiary with a disability who needs benefits (such as Medicaid).
- To hold assets such as a personal injury settlement or inheritance awarded to a disabled person already receiving benefits (such as social security disability or Supplemental Security Insurance)
- To receive assets from an elderly disabled person who is trying to qualify for Medicaid themselves.
The main purpose of a Special Needs Trust is to ensure there is no lapse or reduction in benefits and to avoid a penalty period being imposed for benefits because of an improper transfer of funds. Working with a special needs planning attorney will help you to ensure your loved ones are taken care of in the best way possible.
Frequently Asked Questions About Special Needs Planning
Can A Special Needs Person Directly Access the Trust?
The special needs beneficiary cannot directly access the Special Needs Trust funds. The funds can be used to pay vendors directly for services such as personal care attendants, medication, physical therapy, vehicles, transportation, travel, clothing, education, medical or dental bills. This type of trust is an excellent tool to increase a person’s quality of life.
What Expenses Can’t a Special Needs Trust Pay For?
The special needs trust cannot pay for expenses associated with food or shelter including:
- Utility Bills
- Homeowner or renter insurance
- Property Taxes
- Rent of Mortgage
- Eating out
Consult with a Special Needs Planning Attorney at Evergreen Elder Law and we will help you stay eligible for government benefits.
Contact a Special Needs Planning Attorney Today
If you are receiving any government benefits and anticipate an inheritance call Evergreen Elder Law to obtain help setting up a Special Needs Trust. We help people keep government benefits and still receive an inheritance or settlement. We offer a free one-hour consultation to discuss your options.