Some have heard of Special Needs Trusts, but do not fully understand their significance. A Special Needs Trust is like an ordinary Trust in that it acts as a container to hold property and assets for someone else’s benefit. However, a Special Needs Trust is carefully drafted to protect an individual who has a disability and who depends on receiving financial and personal support from the government. In many cases, that person’s receipt of benefits from the government is contingent on how much that individual owns (assets) and how much he or she earns (income).
There are two types of Special Needs Trusts. The first, known as a Self Settled Special Needs Trust, is funded with the assets of the individual with a disability. This is used when the individual in question has assets either through inheritance or as a result of a personal injury settlement. The second type of trust, known as a Third Party Special Needs Trust, is funded with the assets of another person, usually a family member or close friend, who wants to support the individual with a disability. In either case, it is critical that assets and income from the Special Needs Trust are not distributed directly to the beneficiary. Assets and income distributed directly to the beneficiary creates a risk of reducing or eliminating that beneficiary’s eligibility to receive government benefits. Moreover, assets must be distributed for specific purposes and not at the beneficiary’s direction.
There are a variety of government benefits and services offered to individuals with disabilities. These include Supplemental Security Income (SSI), Medicaid, Public Housing, Veterans benefits, and food stamps. In some programs, federal law controls who is eligible to receive benefits, and in others like Medicaid, state law controls these requirements. The rules and procedures differ between programs and change frequently. It is imperative that each member of the team charged with handling the management of a Special Needs Trust understands the laws and the latest developments in special needs planning and administration.
The concept of a Trust can be difficult to understand for someone who is not regularly working with one. Adding into the mix tax laws, fiduciary duties, and reporting requirements, an inexperienced Trustee can quickly become overwhelmed. Special Needs Trust administration adds another layer of complexity because improper management could cause the beneficiary with the disability to lose his or her eligibility to receive government benefits. For this reason it is crucial to appoint a professional Trustee who is experienced in special needs planning and administration.
The Wealth Management Group at United Bank & Trust is proud to offer you licensed and experienced trust administrators. We specialize in serving as trustee of a variety of trusts, including special needs trusts, irrevocable trusts, and revocable grantor trusts.