Special Needs Trust

Attorneys Preparing Special Needs Trusts

When a family member cannot manage finances or daily care, it is important to plan ahead for that person's well being. For many families, a special needs trust provides the answer.

A special needs trust is the single best planning tool for managing the assets and income of a disabled individual. This type of trust can provide financial support for a loved one without affecting that person's eligibility for governmental benefits. At the law firm of Hayes & Wilson, PLLC, our estate planning attorneys have extensive experience preparing special needs trusts.

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A special needs trust is a discretionary trust, managed by a trustee for the benefit of a person who has a disability. Special needs trusts have many advantages.

• A properly drafted special needs trust will not affect the disabled person's rights to means-tested benefits such as Supplemental Security Income (SSI) or Medicaid; including Medicaid Waiver programs, such as HCS (Home and Community-based Services), CLASS (Community Living and Support Services) and MDCP (Medically Dependent Children Program).
• Assets may be added to a special needs trust throughout your lifetime or the trust can be primarily funded through the distribution of your estate, including funds from a life insurance policy.
• After creating the special needs trust, family members can "pour over" assets into the trust through their individual wills or trusts.
• The special needs trust may give guidelines for distributions to your loved one. For example, the trust might specify therapy treatments, supplemental activities, vacations, or other expenditures.

For the family of someone with a disability, special needs planning provides assurances that there is a structure in place to care for future needs and bring peace of mind. Our estate planning law firm can help you tailor a trust to fit the specific requirements of your family.

For most of our services at Hayes & Wilson, PLLC, we provide a free initial consultation and fixed fees for services. Our lawyers have the experience to effectively handle all of your legal concerns related to estate planning, probate, estate administration and guardianship.

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