Special Needs Trusts

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Planning for your future and the future of your beneficiaries can be tough, but it can be even harder when planning for persons with disabilities. We understand how challenging it can be for you and your family, especially if this is the first time developing an Estate Plan, that’s why Elder Law Services of California is here to give your family peace of mind for the future.

What is a Special Needs Trust?

A Special Needs Trust enables people who are disabled, either mentally or physically, to receive an inheritance such as a home, life insurance, liquid accounts, etc, without jeopardizing their public benefits. This Estate Planning tool is created for disabled beneficiaries so they can obtain their rightful inheritance while allowing the beneficiary to receive essential needs-based government benefits, such as Medi-Cal, Supplemental Security Income, Social Security Disability Insurance, and etc,.

According to the Institute of Disability, if people with disabilities were a formally recognized minority group, at 19% of the population, they would be the largest minority group in the United States. With its diversity in gender, age, religion, ethnicity, and socioeconomic level, these 1 in 5 Americans lacks representation in Estate Planning. A Special Needs Trust is a device that is highly technical and should only be handled by an attorney, making even the smallest oversight can become a huge burden for the beneficiaries.

There are several types of Special Needs Trusts, the most common of which are self-funded and third-party.

A self-funded (also known as a First Party) Special Needs Trust is typically intended to protect the assets of an individual with a disability. This type of trust must be created by a parent, grandparent, or legal guardian, or by a court, but it cannot be created by the individual. One of the most common applications of a self-funded Special Needs Trust arises when an individual receives Supplemental Security Income (SSI).

SSI is a government program that provides approximately eight million low-income Americans with assistance. In order to qualify, the individual can only have $2,000 in his or her name. If that individual receives excess assets – say, for example, due to an inheritance – he or she may only continue to receive SSI by putting the assets into self-funded Special Needs Trust. Those assets can then be used to supplement the individual’s public benefits during his or her lifetime. Upon death, any funds remaining shall be distributed to the government as repayment for the cost of his or her medical care.

A third-party Special Needs Trust is similar to a self-funded Special Needs Trust in that the purpose is to protect the assets of a disabled beneficiary. Assets can be held in trust so that the beneficiary is not at risk of losing his or her government benefits upon receipt of an inheritance. The main difference between the two trusts is that, upon death, any remaining assets can be distributed to other family members, friends, or charities – thus, the assets pass on through the trust to another individual or entity, rather than being used to reimburse the government.

Require a Special Needs Trust?

Don’t wait another day.  A special needs provision that needs to be added to your current trust or included in the trust you are thinking about making should be the first priority.