Planning the Future of Those with Special Needs

A special needs trust is a type of trust that is created to ensure that physically or mentally disabled beneficiaries – both children and the elderly – can receive inheritance without compromising their government benefits. To learn more about caring for disabled elderly family members, read our elder law page.

Special Needs Children

The parents of a child with special needs such as physical or mental disabilities have specific concerns when planning for their child’s future. Housing, education and healthcare are a few of the many long-term concerns. Understandably, parents want to be assured that their child’s personal and financial needs will be met after they are gone.

Receiving an inheritance may compromise the ability for a child with special needs to receive government benefits. However, through a special needs trust, parents and other family members can designate money to a family member with special needs without affecting his or her ability to receive Supplemental Security Income (SSI), Medicaid and other public benefits. For some clients we establish a payback trust, which protects an individual’s eligibility for certain government benefits and still allows him or her to contribute to the trust.

Paula L. Peaden is a member of the Special Needs Alliance, an invitation-only national not-for-profit association of attorneys dedicated to the practice of disability and public benefits law. Call or email Ms. Peaden to schedule a consultation about protecting the future of your special needs family member.