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Special Needs Trusts

10/01/2014 06:34PM, Published by Hood Magazine, Categories: Finance, In Print




By Mark R. Krogstad, Associate Attorney, Davenport, Evans, Hurwitz & Smith Law Firm


Parents of special needs children regularly face the challenges of planning for their child’s care. While every family must ask, “Who will care for the kids if something happens to us,” families with special needs children have even bigger concerns: “Will our estate plan inadvertently disqualify our child from government programs?”

A Special Needs Trust may provide an answer.

What is a Special Needs Trust? A special needs trust is an arrangement where a trustee holds assets on behalf of a beneficiary with disabilities without disqualifying the beneficiary from means-tested government programs, such as Medicaid, SSI, or local and private programs requiring Medicaid-eligibility. Trust assets are managed and administered by a trustee for the sole benefit of the person with disabilities. To qualify as a special needs trust, there are strict regulations regarding the distribution of trust assets. A special needs trust is not meant to replace the funds and services provided through government programs. It is meant to supplement those funds and services and provide for needs not fully funded by government programs.

Who should be the trustee? Although not required, it’s generally recommended that the trustee be a professional fiduciary because the administration of a special needs trust can be more complicated and labor-intensive than most other trusts. The trustee must understand the government programs, the regulations concerning the trust’s administration, how to properly invest funds, make distributions, and pay taxes.

Who contributes the assets? A self-settled special needs trust is created with assets belonging to a person with disabilities. A self-settled special needs trust must be created before the person attains 65 years of age, and any funds remaining at the beneficiary’s death are used to first reimburse Medicaid before passing to anyone else. A third-party special needs trust is established with the assets of a parent, relative, or friend and can be created during a donor’s lifetime or at death as a part of their testamentary documents. An important distinction with a third-party special needs trust is that there is no requirement that the trust assets be used to reimburse Medicaid.

Is a Special Needs Trust the right option? Parents should consider whether means-tested government benefits will be needed or whether their child may wish to participate in programs requiring Medicaid-eligibility. Parents, relatives and friends who wish to provide for a person with disabilities should speak with their advisors to see if a special needs trust is recommended and to carefully coordinate their estate plans to avoid inadvertently disqualifying the beneficiary from these government programs. 



special needs trust


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    In honor of April being Autism Awareness month, the Center for Disabilities and Museum of Visual ...


  • Latches

    04/10/2017
    06:30PM — 08:00PM

    Breastfeeding takes a village. Nourish your baby in a safe, comfortable place, surrounded by your...


  • The Ransom Church, located at 700 N. Main Ave in downtown Sioux Falls, is sponsoring an "After th...


  • Toddler Time

    04/11/2017
    09:30AM — 11:30AM

    If they can walk, they can jump! Toddler Time at Sky Zone is a special time just for the little o...


  • Storytime Tuesdays

    04/11/2017
    10:00AM — 10:30AM

    Bring your kids to a storytime every Tuesday at Child's Play Toys. It starts off with a few songs...


  • Into the Pit

    04/11/2017
    10:00AM — 11:00AM

    Into the Pit Quarry Tour arrives with another chance to go Into the Pit of a Concrete Materials q...


  • Lapsit

    04/11/2017
    10:30AM — 11:05AM

    Delight and stimulate your baby with songs, stories and playtime. Get to know other families and ...


  • Babywearing for Do-It-Yourself-ers

    04/11/2017
    06:30PM — 07:30PM

    Monthly on the second Tuesday


  • Join local musician Steve McFarland as he introduces the soothing sounds of the islands on th...


  • Art Journaling for Everyone

    04/11/2017
    07:00PM — 09:00PM

    Art journaling for EVERYONE! Admission: $15 No artistic skills required. Join Da Vinci, Van Gog...



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