Special Needs Planning

The contents of most trusts you create for yourself will be considered "available to you" in determining your eligibility for SSI. On the other hand, assets of most trusts that someone else creates and names you as a beneficiary of will not be considered to belong to you for purposes of determining your SSI eligibility. If you created and funded an irrevocable trust for your own benefit prior to January 1, 2000, it will be grandfathered, and in most cases its assets will not be considered to belong to you.

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Trusts designed to aid a person with special needs are commonly known as "special needs trusts."  There are three main types of special needs trusts: the first-party trust, the third-party trust, and the pooled trust. All three name the person with special needs as the beneficiary, but they differ in several significant ways.

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If you or a loved are receiving SSI, contact our office to discuss special needs planning to determine if a special needs trust is right for you.