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Special Needs Trust Essentials

A Proposed "Gold Standard" Special Needs Trust  that would, in many states, strike the right balance between protecting public benefits and protecting the Beneficiary’s access to care options would likely have the following features:

  • An attorney who is experienced in federal trust law and in drafting trusts specific to your state and is knowledgeable about special needs estate planning (has some history of well-drafted trusts under state and federal law).
  • A carefully selected Trustee(s) to handle distributions from the trust. Clear distribution directions to trustee(s) should be included. The instructions can be strict or flexible, dependent on the beneficiary’s current and future needs.
  • Clearly stated intention to supplement and not supplant public benefits
  • Clear terms that provide no way in which the beneficiary can direct or compel distributions from the trust.
  • Clear terms that state it is a spendthrift trust such that creditors cannot compel distributions from.

Continue to Important Additional Options to ensure Quality Administration

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The above information is provided to educate in a general way and is not intended to provide specific legal or professional advice.

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