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What is a Special Needs Trust?

A: A trust (of any sort) is really a relationship between three persons (or entities) - a grantor, who supplies the funds for the trust; a trustee, who agrees to hold and manage the funds according to the wishes of the grantor and for the benefit of the beneficiary; and a beneficiary, who receives the benefit of the funds.

A special needs trust (also known as a "supplemental needs" trust) is set up for a person with disabilities (or special needs) to supplement any benefits the person may receive from public assistance programs, like Medicaid, Supplemental Security Income (SSI), TANF, or HUD/Section 8 rental assistance, among others.

A special needs trust can hold funds for a disabled beneficiary (received from lawsuit settlements, lump sum back-payments from social security, gifts, or inheritances) and enable them to become eligible for or maintain their eligibility for public assistance benefits.  If a special needs trust is properly drafted, the funds will not be considered to belong to the beneficiary or be available to the beneficiary in determining eligibility for public benefits.

Public assistance benefits only provide for minimal basic support, and many disabled beneficiaries have additional needs that those public benefits do not cover or provide for.  The trustee can use funds in a special needs trust to pay for those additional needs of a disabled beneficiary that are not covered by public benefits,  for example, education; counseling; therapy; eye and dental care; home modifications (such as adding a wheelchair ramp or handicap accessible bathroom facilitiy), specialized equipment (such as a specially equipped van or wheelchair), pre-paid funeral expenses and transportation costs.

If a special needs trust has enough funds, expenditures can be made for other self-esteem and quality of life enhancing purchases, like hair care, attendant care, electronic equipment and appliances, computers, travel experiences, recreation, movies and other entertainment which could improve the education and quality of life of the beneficiary.

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