Special Needs Trusts for Children and Grandchildren with Disabilities or Learning Disorders

A major concern we see amongst parents and grandparents that have kids/grandkids with special needs is that these loved ones will not be taken care of when they are gone. Many parents and grandparents are also concerned that their loved ones will not have those special needs met if they become unable to take care of them due to an accident or some other unforeseen circumstances. There is good news out there for these folks.

A Supplemental Needs Trust can be used to keep children or grandchildren eligible for Medicaid and SSI (supplemental security income), while giving them the additional comfort and quality of life they would have if the parents or grandparents were alive and able to take care of them.

Some Key Characteristics of "Supplemental Needs Trusts" (referred to by some as special needs trusts):

  • created by the parent or grandparent with a revocable living trust during their lifetime or through a will
  • parent can have complete control over the supplemental needs trust (note: only a trust provides protection during your lifetime...NOT a will)
  • provides protection from creditors
  • no "payback" to the Department of Social Services if drafted properly
  • special provisions to prevent loss of government assistance $s

As you can see, a trust can be created to ensure that your children with special needs are taken care of in the event that you are unable to take care of yourself, or when you are dead. If you want to learn more about protecting your loved ones, feel free to browse the rest of our website. Or, if you want to speak with a CT estate planning and special-needs attorney now, click here.