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The Uses of a Special Needs Trust

If properly arranged, a special needs trust can make a vast difference in the beneficiary's life. Among the common uses for special needs funds are:

  • Education;
  • Counseling;
  • Medical equipment / home health care;
  • Insurance;
  • Transportation;
  • Computers and other electronic equipment and appliances;
  • Recreation – vacations, entertainment, and other expenses.

How does a special needs trust work? The person leaving the money, also known as the grantor (for example, a parent), appoints a trustee who is responsible for managing the assets, making purchases for the beneficiary, and helping the beneficiary apply for government assistance.

Although the trust is established for the person with the disability, only the trustee has access to and authority over the trust. The trust can be established to last for the beneficiary's lifetime or for a set period (if, for example, the beneficiary will be able to manage without assistance at some future time).

In some instances, the disabled person creates the trust, also known as a “self-settled” special needs trust. Self-settled trusts are often established by people who have become disabled in an accident or because of medical malpractice, and who have received a financial settlement for their injuries.

If you are considering establishing a special needs trust, Gregory Herman-Giddens, JD, LLM, CFP and his fellow attorneys at TrustCounsel have more than 16 years of experience in wealth planning, protection and management. We have the knowledge and skill to handle complicated trusts, and we are committed to protecting the financial future of disabled individuals.

Mr. Herman-Giddens is licensed to practice law in North Carolina, Tennessee and Florida. With offices in Chapel Hill and Pittsboro, N.C., he serves clients throughout the United States, affiliating with local counsel when advisable to ensure the best possible representation. Please contact TrustCounsel today or call us at 800-201-0413. Email: info@trustcounselpa.com.