Legal and planning

Special needs trust

A special needs trust, also called a supplemental needs trust, holds money for a person with a disability. It is built to pay for extras without counting as the person's own resources for needs-based benefits such as SSI or Medicaid. Strict rules apply.

Why it matters for your family

Families use this tool so that an inheritance does not cost a disabled relative their benefits. The Social Security Administration states that, to qualify for its exception, the person whose assets fund the trust must be disabled under SSI rules, and other conditions apply. Trust rules differ for trusts funded by the person and by a third party. A common mistake is leaving money directly to a disabled adult. That can end benefits. Another is writing the trust without a lawyer, which can break the rules. Ask an elder law attorney who handles special needs planning. This is general information, not legal advice.

Source: secure.ssa.gov

Read more: What is Elder Law and Do You Need an Elder Care Attorney?

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