Protecting Futures With Special Needs Trusts

We work closely with families to design trusts that provide long-term care, stability, and peace of mind.

Special Needs Trusts

Each family faces unique challenges when addressing their long-term needs. This is especially true if you have a disabled child or other disabled family member who is unable to work or perhaps live independently.

Providing Support Without Losing Benefits

A special needs trust is a trust specially for persons with special needs. Its primary purpose is to provide for the needs of an individual without disrupting that person's eligibility for Medi-Cal, Social Security, and other government benefits. Sometimes called a ‘Supplemental Trust,’ the trustee of a Special Needs Trust (SNT) is under instructions in the trust to use the trust funds to supplement public benefits–primarily Supplemental Security Income (SSI) and Medi-Cal - which the child may receive from the state and pay for items and services that the public benefits system is unable to provide.

Categories of Special Needs Trusts

There are 2 main categories of special needs trusts:

The “first party” SNT—(so-called because it is the child’s own money that is being used to fund the trust—typically money obtained through a lawsuit or from an inheritance) is set up by a court order.
The “third party” SNT (funded by persons other than the child him/herself, such as the child’s parents). Within each category are various alternatives, but the basic structure is that assets are transferred into a trust with an independent trustee for the benefit of the beneficiary with a disability who has no control over disbursements from the trust.

Specialized Expertise

We have considerable expertise in setting up both categories of SNTs. This can be a highly technical area of the law, due to the fact that planning in this area requires a knowledge not just of trust law but also of public benefits, health care insurance, taxation, and family law.

Caring interaction between two individuals

More Information on the Benefits

Click the links below for more information on both types of trusts and how our expertise can help you as the parent/relative of the child (and, in the case of a 1st party “litigation” trust, the attorney representing the injured disabled person) structure a trust to make sure that the special needs person will be able to maintain his or her quality of life without losing vital government benefits.

Trusts Set Up by Parents/Relatives (aka 3rd party Trusts)

Trusts Set Up for the Court (aka 1st party SNTs)

Here to Support You Every Step of the Way

Whether you’re planning or handling responsibilities after a loved one’s passing, we’re ready to guide you with care and professionalism.