A Special Needs Trust (SNT), also referred to as a Supplemental Needs Trust, is a trust created for an individual who receives or who may receive state or federal benefits. The trust is designed to provide for the individual’s “supplemental needs” while maintaining the individual’s eligibility for benefits provided by the government.
Types of Special Needs Trusts:
Third Party: A parent or other third party creates and funds a trust for the individual receiving government benefits. The trust can be funded now or through the parent or third party’s estate plan.
First Party: This type of SNT is also called a “(d)(4)(A) Trust” or “Medicaid Pay-Back Trust” and is funded with the beneficiary’s own assets (i.e. personal injury settlement). Upon the death of the beneficiary, the remaining assets must be paid back to the state up to the amount of medical assistance paid by the state
Stand-by Special Needs Trust provisions: Because we do not ever know what the future may hold for our family or beneficiaries, stand-by Special Needs Trust provisions are important to include in your revocable trust. With these provisions included in your revocable trust, your Trustee can create a Special Needs Trust for a beneficiary if necessary at the time of your death.