For families that include a person with special needs, a Special Needs Trust might be a necessary part of your estate plan. “Special Needs” can include developmental disabilities, incapacity, substance abuse or addiction, mental instability, dementia, schizophrenia, or other challenges. A Special Needs Trust is designed for someone with special needs and receiving public benefits to avoid their being disqualified from receiving public benefits. The trust assets only subsidize the person’s needs and do not supplant the beneficiary’s public benefits.

Because Special Needs Trusts deal with public benefits and governmental regulations, they must be written very specifically. Incorrectly drafted Special Needs Trusts can disqualify a disabled person from their benefits. Therefore, it is critical that an attorney be consulted if you think a Special Needs Trust might be important for someone in your life.