Trust Administration

Can Trust Attorneys Help with Special Needs Trusts

Can Trust Attorneys Help with Special Needs Trusts 1

Can Trust Attorneys Help with Special Needs Trusts

The essence of special needs trusts cannot be overemphasized, it is crucial for ensuring the long-term financial security and care of individuals with disabilities. These trusts are designed to manage assets for the benefit of a person with special needs without sabotaging their eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI). Establishing a special needs trust requires careful consideration of legal and financial complexities, making the expertise of a trust attorney invaluable.

This article will explain how a trust attorney can help with special needs trusts. Continue reading to learn more:

Can Trust Attorneys Help with Special Needs Trusts 1

How Can Trust Attorneys Help With Special Needs Trusts

One of the primary challenges individuals with disabilities face is maintaining eligibility for crucial government assistance programs while still being able to use personal assets to improve their quality of life. Special needs trusts address this challenge by allowing assets to be held in trust for the benefit of the individual without affecting their eligibility for benefits. However, the complex rules and regulations governing these trusts require the involvement of a knowledgeable attorney.

Trust attorneys specializing in special needs planning are experienced in navigating the complex legal requirements surrounding these trusts. They understand the eligibility requirements for government benefits and can structure trusts in a way that guarantees financial security while ensuring compliance with regulations. This involves drafting trust documents that entail specific language and provisions to protect the beneficiary’s eligibility.

Trust Attorneys Can Provide Invaluable Guidance

Trust attorneys can provide invaluable guidance on selecting the most appropriate type of special needs trust based on the individual’s unique circumstances. There are various types of special needs trusts, including:

  • First-party trusts
  • Third-party trusts, and
  • Pooled trusts

Each with its own set of advantages and considerations. An experienced attorney can assess the individual’s situation and recommend the best trust structure to achieve their goals.

In addition to drafting trust documents, trust attorneys play a crucial role in administering special needs trusts over time. This involves managing trust assets, making distributions, and ensuring continuous compliance with relevant regulations. Trust attorneys can also guide trustees and beneficiaries in navigating complex issues that may arise during the trust’s administration, such as changes in government benefit programs or changes to the beneficiary’s needs.

Also, trust attorneys can assist families in creating personalized estate plans that include special needs trusts as part of a bigger strategy for protecting wealth and assets. By coordinating various legal instruments, such as wills, powers of attorney, and healthcare directives, attorneys can help families establish a comprehensive plan that addresses both immediate and long-term needs.

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Importantly, trust attorneys can serve as advocates for individuals with disabilities and their families, ensuring their rights are protected and their best interests are represented. In the event of disputes or legal challenges related to the trust, an attorney can provide representation and advocacy to arrive at a reasonable and favourable resolution.


Trust attorneys play an important role in helping individuals with disabilities and their families establish and manage special needs trusts. These legal professionals provide invaluable expertise and guidance every step of the way. By working with a trust attorney who specializes in special needs planning, individuals can gain peace of mind knowing that their financial future is secure.