Do I need to set up a special needs trust?
Special needs trusts are designed to allow families to create a detailed plan for their child’s future, while also making sure the child remains eligible for social services as they get older. The real advantage of a special needs trust is that it all but asks parents to create a very comprehensive plan for their child when they will no longer be their child’s primary caretaker(s). The purpose of a special needs trust is to allow a person with disabilities to hold assets without affecting their eligibility for social services, but it is much more than that. When you create a special needs trust, you appoint a trustee or trustees to administer the trust when you’re no longer able; you nominate a guardian for your child; and you write a detailed letter of intent describing how you want your child to be cared for when you’re gone. These decisions are ultimately what make creating a special needs trust worthwhile, but they’re not easy.
For more information, see our article Creating a Special Needs Trust.