Special Needs Trusts

When you have a disabled family member, planning for their future can be overwhelming. This is when you need the experience of a law firm to walk you through the process and offer support. It is imperative to set up a special needs trust to ensure your family is cared for in your absence.

What is a Special Needs Trust?

A Special Needs Trust, sometimes called a Supplemental Needs Trust, is a tool to help a disabled person. Trust assets are not used in determining the disabled person’s eligibility for certain government benefits. Normally, assets in a trust will disqualify used to calculate one’s eligibility to Supplemental Security Income (SSI) and Medi-Cal. Special Needs Trust assets do not disqualify the beneficiary from these needed benefits, assuring the disabled person has access to needed resources. Ultimately, a Special Needs Trust is a replacement for you – if you cannot live forever, who will step in to preserve the care for the disabled person?

Two Types of Special Needs Trusts

There are two types of Special Needs Trusts – a third party trust and first party (or (d)(4)(A)) trust.

A third-party special needs trust is designed to hold assets given by someone other than the disabled person (a third party). Any adult, other than the beneficiary, can create the trust or serve as trustee. Assets held in the trust do not disqualify the beneficiary from Medi-Cal or SSI. After a beneficiary’s death, the trust assets pass to the persons named in the trust.

A first-party special needs trust, allowed under a Social Security Code ending in (d)(4)(A), is created to hold the disabled person’s assets. Only the disabled person, a parent, grandparent, court, guardian, or conservator can create a first-party trust. Assets held in the trust do not disqualify the beneficiary from Medi-Cal or SSI. After the beneficiary’s death, the remaining trust assets are often used to repay the State’s Medicaid (Medi-Cal in California) program for any medical benefits paid for the beneficiary. Any remaining assets pass to the persons named in the trust.

A Lifetime of Protection

By setting up a special needs trust for your disabled loved one you are assured peace of mind. You will have assurance in knowing they are cared for after you are gone.

Benefits are Preserved

A Special Needs Trust preserves the assets you willed to your disabled loved one. The trust ensures they remain eligible for the SSI and Medi-Cal benefits.

Ways an Attorney can Assist

We can help with a family’s long-term issues. Keyes Law Group, PC has more than a decade of involvement with elder law and estate planning. We understand you have a busy life; therefore, we offer half-hour consultation periods.

When seeking an estate planning attorney Bay Area attorney Milpitas office offers numerous legitimate full-service choices.

Our prices are affordable when doing South Bay CA estate planning. Call Keyes Law Group, PC, us who maintain a complete focus on elder law and estate planning.

Give us a call today, Keyes Law Group, PC can ensure your disabled loved one’s future is a bright one.


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"Elijah was very helpful with editing our family trust after my wife passed away. He answered all my question in a timely manner and if he did not know the answer he found out quickly. He would take time out of day to reassure me that he had everything under control. He took his time to explain why he worded the trust the way he did and that I understood what it meant. Will use him again when the trust needs to updated." -D.