The Importance of Special Needs Trusts In Massachusetts
What is a special needs trust?
A special needs trust is simply a legal document, an advantageous way to set aside money for a person with a disability.
The trust is intended to help preserve funds for a person with a disability, and enhance the person’s quality of life while protecting his or her eligibility for public benefits, such as Medicaid and Supplemental Security Income (also known as “SSI”).
A 1993 federal law permitted the creation of special needs trusts. The policies that must be followed in creating and administering them are detailed by the Social Security Administration.
Special Needs Trust Administration
How Can Special Needs Trust Funds Be Used?
Precautions for SNT Trustees
It is important to note that there are technical requirements that must be met while serving as a trustee.
You must follow all of the terms and instructions in the trust document, even if they are more restrictive than public benefits law requires.
Trust assets for the beneficiary must be used in ways that do not affect the beneficiary’s public benefits.
Only beneficiaries of the trust may benefit. For a self-settled d4A Trust, that means just the disabled individual and for third-party SNTs, it means only those the trust document states may benefit.
The trust must be treated with the utmost respect. The trustee should not borrow from the trust nor commingle the trust assets with the trustee’s personal assets.
Administering a Special Needs Trust can be complicated and confusing, and making the wrong decision can be problematic. We are Special Needs Trust administration experts who provide trustees with the reliable advice they need to ensure the best quality of life for the trust’s beneficiary.
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