The Importance of a Special Needs Trust

July 4, 2024

the importance of a special needs trust

If you have a loved one with special needs, ensuring their care and financial stability is likely one of your top priorities. A special needs trust can provide peace of mind knowing that your loved one will be cared for even after you pass away. In this blog post, we will explore what a special needs trust is, how it works, and why it is essential for families with individuals who have disabilities.


What is a Special Needs Trust?

A special needs trust is a legal arrangement that allows you to set aside funds for the benefit of a person with disabilities without affecting their eligibility for government benefits such as Medicaid or Supplemental Security Income (SSI). This type of trust is specifically designed to provide for the supplemental needs of the beneficiary beyond what government assistance covers. By creating a special needs trust, you can ensure that your loved one receives the support they need while preserving their access to crucial benefits.


Setting Up a Special Needs Trust

Setting up a special needs trust involves naming a trustee who will manage the assets on behalf of the beneficiary. The trustee has a fiduciary duty to act in the best interests of the beneficiary and follow the terms outlined in the trust document. You can also specify how the funds should be used, such as for medical expenses, housing, transportation, education, or any other specific needs your loved one may have. By carefully crafting the trust document, you can ensure that your loved one's unique needs are met long after you are gone.


Providing Protection

One of the key benefits of a special needs trust is that it provides protection against creditors and ensures that the funds are used solely for the beneficiary's benefit. Without proper planning, an inheritance left directly to a person with disabilities could jeopardize their eligibility for government benefits and leave them vulnerable to financial exploitation. By establishing a special needs trust, you can safeguard your loved one's future and provide them with ongoing support and security.


At Grant Park Legal Advisors, our estate law team can help you create a customized special needs trust that meets your family's unique circumstances. We understand the complexities involved in caring for individuals with disabilities and can guide you through the process with compassion and expertise. By taking proactive steps now, you can secure your loved one's financial well-being and ensure they receive the care they deserve for years to come.


Planning for the future is essential when you have a family member with special needs. A special needs trust offers peace of mind knowing that your loved one will be cared for according to your wishes even after you are no longer able to provide support. Contact us at Grant Park Legal Advisors today to learn more about how we can assist you in setting up a special needs trust tailored to your family's specific requirements. Your loved one deserves nothing but the best care and support – let us help you make that possible through proper estate planning.


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