A special needs trust (SNT) is a financial tool designed to provide for individuals with disabilities without affecting their eligibility for government benefits such as Supplemental Security Income (SSI) and Medicaid. These programs have strict asset and income limits, meaning direct financial gifts or inheritances can disqualify beneficiaries from receiving essential support. By placing funds in an SNT, families can ensure that their loved one’s financial security while maintaining access to necessary benefits.
Trust distributions must follow specific rules to avoid impacting eligibility. Understanding what an SNT can and cannot pay for helps trustees manage funds appropriately and ensure that they enhance the beneficiary’s quality of life. As such, planning should use special needs trust funds to supplement government benefits, not replace them.
While an SNT can pay for housing costs such as rent or mortgage payments, doing so may reduce SSI benefits because the Social Security Administration considers it "in-kind support."
You can avoid reducing cash benefits by paying for housing-related expenses instead. These include accessibility modifications, utilities, taxes and insurance.
Medicaid covers many healthcare services. However, an SNT can pay for additional medical care not covered by government programs. Some of these gaps in Medicaid that an SNT can cover include:
An SNT is broadly clear to fund personal assistance that improves daily living for the beneficiary. These include in-home caregivers and companions, respite care, meal delivery and transportation services.
Quality of life extends beyond necessities. A special needs trust can pay for activities that promote personal enjoyment and social engagement, including:
Many individuals with disabilities benefit from continued education and skill development. SNT funds can cover
Reliable transportation is essential for independence. SNT funds can be used to:
Technology plays a significant role in supporting individuals with disabilities. SNTs can fund:
Some expenses can jeopardize government benefits if paid directly from an SNT, including:
Trustees should work with a special needs planning attorney to avoid penalties and ensure that funds are managed appropriately.
Because direct payments to the beneficiary can affect government benefits, funds from an SNT should be paid directly to service providers, vendors, or businesses instead of being given in cash to the individual. For example, rather than providing the beneficiary money for a new wheelchair, the trustee should pay the wheelchair provider directly.
Managing an SNT incorrectly can lead to Medicaid disqualification, SSI benefit reductions, or unnecessary taxation. To ensure compliance, trustees should:
A special needs trust is one of the most effective ways to provide long-term financial security for individuals with disabilities. By ensuring that funds are appropriately used and distributed wisely, families can enhance their loved one’s quality of life while safeguarding their eligibility for critical government benefits.
At The Werner Law Firm, our estate planning attorneys help families establish and manage special needs trusts to protect their loved ones' financial security while preserving access to essential government benefits. We provide personalized guidance to ensure that funds are structured and distributed correctly, enhancing the quality of life without jeopardizing eligibility.
If you have any questions, schedule a free appointment with us through our online appointment page.
You can also read reviews from some of the hundreds of clients we have helped over the years.
Reference: Special Needs Answers (Oct. 30th, 2024) “What Can My Special Needs Trust Pay for Without Affecting My Disability Benefits?”
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