IrrevocableSpecial-needsBenefits-preservation

Special Needs Trust

Provide for loved ones without affecting government benefits

Why People Use It

Parents of children with disabilities use special needs trusts to provide additional resources without disqualifying them from government benefits like SSI or Medicaid. The trust supplements—doesn't replace—public benefits.

Who This Is For

  • Parents of children with disabilities
  • Families with members receiving SSI or Medicaid
  • Guardians of individuals with long-term care needs
  • Anyone wanting to leave inheritance without affecting benefits
  • Siblings or family members planning for disabled relatives

Key Benefits

Preserve Government Benefits

Trust assets don't count toward SSI/Medicaid eligibility thresholds, preserving essential benefits.

Supplemental Quality of Life

Fund things government benefits don't cover: entertainment, travel, personal care items, education, hobbies.

Long-Term Security

Provide for your loved one's needs for their entire lifetime, even after you're gone.

Trustee Oversight

Independent trustee ensures distributions comply with regulations and truly benefit your loved one.

Real World Scenario

Planning for Michael

The Situation

Sarah and Tom have an adult son Michael with Down syndrome. Michael receives SSI and Medicaid, which cover his basic needs. When Tom's mother wanted to leave Michael $100,000 in her will, they realized a direct inheritance would disqualify him from benefits.

The Outcome

Grandma's inheritance went into a special needs trust instead. Michael continues receiving SSI and Medicaid for basics, while the trust pays for vacations, a new computer, special therapy equipment, and experiences that make his life richer—all without affecting his benefits.

Core Conditions

  • Trust assets don't count toward benefit eligibility
  • Trustee discretion over distributions
  • Supplemental needs covered (not basic support)
  • Compliant with federal and state regulations

You decide the conditions, verification methods, and level of control.

How It Works

1

Determine Beneficiary Needs

Identify what government benefits the beneficiary receives and must preserve.

2

Structure Compliant Trust

Create a trust that supplements rather than replaces government benefits.

3

Fund Appropriately

Contribute assets that will be used for supplemental needs.

4

Trustee Manages Distributions

Independent trustee ensures distributions don't affect benefit eligibility.

Why a Trust?

AlternativeLimitationTrust Advantage
Direct InheritanceDisqualifies beneficiary from SSI/Medicaid if over $2,000Trust assets don't count toward benefit limits
ABLE AccountAnnual contribution limits; lifetime cap of $100,000 before affecting SSINo contribution limits; no cap on trust assets
Disinherit EntirelyLoved one receives nothing; depends entirely on government benefitsProvide supplemental quality of life while preserving benefits

Common Questions

Have More Questions?

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Not legal advice. Subject to KYC/AML. Availability varies by jurisdiction.

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