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Making a Special Needs Trust
A Special Needs Trust is used to provide for an individual beneficiary with a disability with little to no effect on the beneficiary's eligibility for needs-based government benefits. If you leave money directly to a beneficiary with special needs, this may possibly keep that person from qualifying for government benefits. The Special Needs Trust enables a beneficiary with a disability, or an individual with a chronic or acquired illness, to have, held in Trust for his or her benefit, an unlimited amount of assets. A properly drafted Special Needs Trust will include assets that will not be counted towards the beneficiary's qualification for certain government benefits.
Use the Special Needs Trust document if:
You are leaving assets to an individual with special needs
You want to create a trust to provide for the health and welfare of an individual with special needs
You want to supplement the needs-based government benefits supplied to an individual with special needs
The Special Needs Trust does not replace needs-based government benefits, but instead provides supplemental and extra care over and above that which the government provides. If you are an individual with special needs who holds assets to be used for your benefit during your lifetime, the Special Needs Trust can be made by anyone other than you. If you want to provide for an individual with special needs, you may make a Special Needs Trust for that specific beneficiary. A properly drafted Special Needs Trust will be tailored to your specific circumstances. If you need assistance, ask a lawyer.