Supplemental Needs Trusts

Persons with disabilities require special planning considerations if they receive Supplemental Security Income (SSI) or Medicaid benefits to ensure that they do not receive assets that will disqualify them from these programs. SSI and Medicaid both have very restrictive laws and regulations about what a person can own.

Assets that are placed into a special needs trust (also called a supplemental needs trust) can be used for the benefit of the person with disabilities but not count as a resource, or asset, for SSI and Medicaid purposes.  A special needs trust differs from other trusts by restricting the use of the trust assets to items or services to meet the “special needs” of the beneficiary. Special needs are items or services other than shelter or food that impact the person’s quality of life. Special needs vary widely depending on the nature of the disability.

We can explain the pros and cons of special needs trusts and help you evaluate whether this planning tool is appropriate for your loved one.