Why You Need an Attorney Experienced in Special Needs Trusts

It is important that special needs trusts not be unnecessarily inflexible and generic. Although an attorney with some knowledge of trusts can avoid invalidating the child's public benefits, such as Supplemental Security Income (SSI), they may not have enough experience to customize the trust to the child's particular needs, and the child may not receive the quality of life and care that the parents provided when they were alive.

Special Needs Trusts and Medicaid Estate Recovery

Another mistake attorneys without special needs experience make time and time again is putting a pay-back provision into the trust rather than allowing the remainder of the trust to go to others upon the special needs child's death. A first-party trust allows Medicaid to recover health care costs paid on the beneficiary's behalf after they have passed. This is not always necessary. 

An attorney who understands the circumstances and state laws may recommend a third-party trust that transfers any remaining funds to other family members or even a charitable organization. It all depends on who is creating the trust and how it is being funded. An experienced special needs planner could potentially save your family hundreds of thousands of dollars.

Getting Answers

If you have a loved one with special needs or a disability, you want to ensure they are protected and supported throughout life. Government benefits are critical but often aren't enough to keep them comfortable and enhance their lifestyle in the same way you would.

A special needs trust offers many ways to protect your loved one's future, but only if the right trust is set up correctly to achieve your goals. Attorneys familiar with special needs planning can offer the best advice and help you make informed decisions. Contact a special needs planner in your area today.