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The Law Offices of Patrick Accisano, L.L.C.
732-201-6517
  • Home
  • About
    • F. Patrick Accisano
  • Practice Areas
    • Estate Planning
    • Probate & Estate Administration
    • Estate Disputes And Litigation
    • Elder Law And Medicaid Planning
    • Guardianship
    • Wills
  • Blog
  • Contact
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  5. How does a special needs trust work, and who needs one?

How does a special needs trust work, and who needs one?

On Behalf of The Law Offices of Patrick Accisano, L.L.C. | Sep 9, 2025 | ESTATE PLANNING - Estate Planning

A special needs trust (SNT) provides a way to manage assets for a person with a disability without affecting their eligibility for government benefits. It offers financial security while ensuring the person can still receive crucial assistance like Medicaid or Supplemental Security Income (SSI). Understanding how this trust works can be helpful for families planning for the future of a loved one with special needs.

What is a special needs trust?

A special needs trust is a legal arrangement that holds and manages assets for a person with a disability. The trust is designed to pay for things that government programs do not cover, such as medical expenses, therapy, or personal care services. The key benefit of this trust is that the assets do not count against the person’s eligibility for government benefits, which typically have strict income and asset limits.

How does a special needs trust work?

The trust is set up by a grantor (usually a family member or guardian) and is managed by a trustee. The trustee handles the trust assets according to the instructions in the trust document. The funds can be used to improve the quality of life for the person with special needs, but the distribution of funds must not interfere with their eligibility for government assistance. For example, money from the trust can pay for items or services not covered by Medicaid or SSI, but it cannot be used to replace the person’s basic needs, like food and shelter.

Who needs a special needs trust?

Families with a loved one who has a disability may want to set up a special needs trust. This can include children with disabilities, adults with physical or mental health conditions, or anyone who relies on government benefits for essential support. Setting up a trust can provide financial security and peace of mind for both the individual and their family.

A special needs trust offers a way to protect and care for loved ones with disabilities while ensuring they can continue to receive the benefits they depend on.

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