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Special Needs Trusts

Virginia Special Needs Trusts Attorney

Proudly Serving Virginia & Washington, D.C.

If you currently provide care for a child or loved one with special needs (such as mental or physical disabilities), you must have contemplated about how they'll be cared for when you are no longer able to provide for them.

While you can certainly leave them an inheritance of funds and assets, such a bequest may prevent them from qualifying for essential benefits under the Supplemental Security Income (SSI) and Medicaid programs. However, public monetary benefits provide only for the bare necessities such as food, housing, and clothing. As you can imagine, these limited benefits will not provide those loved ones with the resources that would allow them to enjoy a richer quality of life. But if parents leave any assets to their child who is receiving public benefits, they run the risk of disqualifying the child from receiving them.

Fortunately, the government has established rules allowing assets to be held in trust, called a “Special Needs” or “Supplemental Needs” Trust for a recipient of SSI and Medicaid, as long as certain requirements are met.

How Our Virginia Law Firm Supports Your Special Needs Trust Needs

Our law firm can help you set up a Special Needs Trust so that your loved one will still qualify for government benefits while receiving assets that will meet the supplemental needs of a family member with a disability (those that go beyond food, shelter, clothing, and Medicaid services). The Special Needs Trust funds those additional needs, but it must be designed specifically to supplement, not replace, public benefits. Parents should be aware that funds from the trust cannot be distributed directly to the beneficiary. Instead, it must be disbursed to third parties who provide goods and services for use and enjoyment by the disabled beneficiary.

Enhancing Quality of Life with a Special Needs Trust

The Special Needs Trust can be used for a variety of life-enhancing expenditures without compromising your loved one’s eligibility. These supplemental services are meant to ensure they can thrive and live a fuller life than they'd otherwise get on government benefits alone. 

Supplemental expenditures that fall under an SNT in Virginia include:

  • Annual check-ups at an independent medical facility
  • Attendance of religious services
  • Supplemental education and tutoring
  • Out-of-pocket medical and dental expenses
  • Transportation (including purchase of a vehicle)
  • Maintenance of vehicles
  • Purchase materials for a hobby or recreation activity
  • Funds for trips or vacations
  • Funds for entertainment such as movies, shows or ballgames.
  • Purchase of goods and services that add pleasure and quality to life: computers, videos, furniture, or electronics.
  • Athletic training or competitions
  • Special dietary needs
  • Personal care attendant or escort

Maximize Benefits with a Comprehensive Special Needs Plan

Creating an SNT is just one aspect of a comprehensive special needs plan. J. S. Burton, P.L.C. establishes legal protections that address all aspects of caring for a loved one with special needs, with terms tailored to their unique needs. From financial planning to guardianship considerations, our firm guides clients through the process to ensure your loved one's needs are met both now and in the future.

Our comprehensive special needs planning services include:

  • Financial planning for long-term care
  • Guardianship and decision-making support
  • Estate planning to protect assets and benefits
  • Coordination with other professionals, such as financial advisors and social workers
  • Regular plan reviews and updates to accommodate changing needs

Let us help you create a holistic special needs plan that provides peace of mind and security for your loved one with disabilities. Contact J. S. Burton, P.L.C. today to get started.

Virginia Estate Planning for Beneficiaries with Disabilities

Special Needs Trusts are a critical component of your estate planning if you have disabled beneficiaries for whom you wish to provide after your passing. Generally, Special Needs Trusts are either stand-alone trusts funded with a separate asset like a life insurance policy, or it can be a sub-trust in your existing living trust. 

Contact the attorneys of J.S. Burton, P.L.C. at (888) 885-9001 for a consultation today.

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    FAQs

    • What is the purpose of a Special Needs Trust?
      While you can certainly bequest money and assets to those with special needs, such a bequest may prevent them from qualifying for essential benefits under the Supplemental Security Income (SSI) and Medicaid programs.  However, public monetary benefits provide only for the bare necessities such as food, housing and clothing.  As you can imagine, these limited benefits will not provide your loved ones with the resources that would allow them to enjoy a richer quality of life.  Fortunately, the government has established rules allowing assets to be held in trust, called a Special Needs or Supplemental Needs Trust  for the benefit of a recipient of SSI and Medicaid, as long as certain requirements are met.
    • When should a Special Needs Trust be established?
      Generally, a Special Needs Trust should be established no later than the beneficiary’s 65th birthday. If you have a disabled or chronically ill beneficiary, you may want to consider establishing the Special Needs Trust at an early age.  One benefit of having the Trust in place is that if the disabled beneficiary becomes the recipient of funds such as gifts, bequests or a settlement from a lawsuit, they can immediately be transferred to the Special Needs Trust without affecting that individual’s eligibility for government benefits.
    • Who can establish a Special Needs Trust?
      While Special Needs Trusts are typically established by parents for their disabled children, any third party can establish a Special Needs Trust for the benefit of a disabled beneficiary.  It is important to seek the assistance of competent counsel when creating a Special Needs Trust because a poorly drafted Trust can easily be subject to “invasion” by the government agencies that provide benefits.  Our law firm has the experience and the expertise to establish effective Special Needs Trusts for anyone who wishes to provide for a disabled beneficiary.
    • Our family is wealthy. Do we still need to create a Special Needs Trust?

      Yes, you should still establish a Special Needs Trust to protect your disabled beneficiaries from potential creditors.  For example, if your disabled beneficiaries are ever sued in a personal injury action, the assets in the trust would not be available to the plaintiffs.  Furthermore, because the funds in the Special Needs Trust are not countable as available assets for purposes of determining government benefit eligibility, more of your money can be used for those supplemental expenditures that will allow your disabled beneficiary to enjoy a higher quality of life.  Otherwise, much of your assets will be used to pay for private care benefits that are extremely expensive and can drain even significant sums of money over time.