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Understanding Special Needs Trusts and Planning

May 24, 2024

“Who will take care of my child when I’m gone?” “What if they lose their disability benefits?” “How can I ensure their needs will be met?”

If these questions have crossed your mind about your loved one with disabilities, you’re not alone. Special needs planning ensures your child, grandchild, or adult family member has what they need to live a safe and happy life. 

An experienced attorney can help you set up a trust that protects your loved one’s government assistance and ensures financial stability. Keep reading to learn more about special needs trusts and planning.

What Is a Special Needs Trust?

A special needs trust provides peace of mind for families with loved ones with disabilities. It’s an estate planning tool that allows you to transfer property to a trustee who can manage it on behalf of a person with disabilities if they cannot do so themselves.

Who Needs Special Needs Trusts and Planning?

Special needs trusts and planning help families better plan for their loved one’s future. If you’re leaving assets to your child or an adult with disabilities in your estate plan, it could jeopardize their ability to receive assistance. 

Putting assets into a trust ensures the person remains eligible for government benefits for food, shelter, and medical care. If your loved one has assets over the maximum resource level, they may be ineligible for these services.

Money in a special needs trust can be used for various things that government assistance may not cover. A special needs planner, such as an attorney, can help you understand what the funds may or may not cover. 

Benefits of Special Needs Planning

Planning for your loved one’s future can benefit them and your family in several ways.

Government Benefits Eligibility

Special needs trusts allow your loved one with disabilities to maintain their government benefits throughout their lifetime. 

Financial Security

Special needs planning includes creating strategies to manage a person’s assets, maximize their income, and protect their eligibility for assistance.

Quality of Life

Special needs planning contributes to the overall quality of life for someone with disabilities, ensuring they have what they need to live a safe and comfortable life. 

Peace of Mind

If you can no longer support your loved one, you can gain peace of mind knowing they will be cared for financially and personally. 

Getting Started With an Attorney

An attorney is your best resource for special needs planning. They can answer all your questions, offer guidance when necessary, and provide relief knowing your loved one’s future is secure. You can get started by looking for local attorneys and scheduling a free consultation.

Special Needs Planning With Auld Brothers Law

At Auld Brothers Law, we understand that special needs trusts and planning provide families peace. Our team works with you to draft and finalize a trust that fits your loved one’s needs. Contact us today to learn how our experienced attorney can help you plan a better future for your loved one.