Services

Special Needs Trusts

Protecting funds and preserving eligibility for the benefit programs your loved one depends on.

What Is a Special Needs Trust?

A Special Needs Trust — also called a Supplemental Needs Trust — is a planning tool that allows assets to be held for a person with a disability without jeopardizing their eligibility for asset-tested benefit programs such as SSI and Medicaid.

These trusts are designed to supplement, not replace, the benefits a person receives or may receive. When structured correctly, they can significantly improve quality of life without putting critical benefits at risk.

Types of Special Needs Trusts

First-Party Trusts

For individuals with disabilities who receive an inheritance, personal injury settlement, or lump-sum payment — and whose savings exceed program asset limits. Without planning, these funds could disqualify them from critical benefits like SSI cash and Medicaid.

We assist with:

Consultations for individuals with disabilities
Attorney-to-attorney consultations
Court-established trust drafting for minors or those without legal capacity

Third-Party Trusts

For families who want to leave or gift assets to a loved one with a disability. These trusts are funded with family members' assets — not the beneficiary's — and are structured to supplement rather than replace benefits.

We assist with:

Assessing goals and concerns
Guiding informed choices about trust structure
Collaboration with client and other attorneys

Trustee Consultation

If you have been appointed as a trustee of a Special Needs Trust, we can provide specialized guidance on the proper use of trust funds and how to amend the trust to comply with evolving rules and regulations.

Trustee responsibilities can be complex, and the rules governing these trusts change over time. We're here to help you administer the trust correctly and confidently.