Special Needs Trust: How to Build a Plan for Your Family

Jeff Vistica
CFP®, ChSNC®, AIF®
February 1, 2023

If you are a parent of a child with intellectual and developmental disabilities, you confront daunting challenges in your daily life and planning for the future. Some of these financial challenges require a special needs financial planner to help make informed decisions and build a strong financial safety net.

Saving money and providing for your child without losing public benefits may also be a problem. These benefits can be significant and may include the following:

  • Medicaid
  • Medicaid Home and Community-Based Services
  • Medicare
  • Supplemental Security Income
  • Social Security Disability Insurance
  • Social Security Disabled Adult Care
  • Supplemental Nutrition Assistance Program
  • Housing Choice Vouchers

There may be other benefits depending on where you live.

Fortunately, a solution may permit you to accomplish both goals. It’s called a “special needs trust.” However, keep in mind that special needs trusts aren’t right for every situation.

  • The beneficiary of the trust won’t have control over the funds in the trust.
  • The beneficiary will have to rely on the trustee of the trust, who will have discretion over whether to grant a distribution request.
  • The trust may be required to pay back Medicaid upon the beneficiary’s death, which can deplete the remaining assets in the trust.
  • There are limitations1 on what the funds can be used for without impacting eligibility for government benefits like Medicaid and Supplemental Security Income.

Examples of expenses from a special needs trust that may raise issues include cash, food, restaurant meals, rent, mortgage payments, homeowners or condo dues, and utilities.2 You can find examples of permissible distributions here.

If you are considering a special needs trust, here’s what you need to know about them.

Sources:

1https://specialneedsanswers.com/what-expenses-cant-a-special-needs-trust-pay-for-13247

2https://specialneedsanswers.com/what-expenses-cant-a-special-needs-trust-pay-for-13247

3https://futureplanning.thearc.org/pages/learn/where-to-start/financing-the-future/special-needs-trusts

4https://www.nerdwallet.com/article/investing/special-needs-trust

5https://futureplanning.thearc.org/pages/learn/where-to-start/financing-the-future/special-needs-trusts

6https://futureplanning.thearc.org/pages/learn/where-to-start/financing-the-future/special-needs-trusts

7https://www.nerdwallet.com/article/investing/special-needs-trust

8https://futureplanning.thearc.org/pages/learn/where-to-start/financing-the-future/special-needs-trusts

9https://www.nerdwallet.com/article/investing/special-needs-trust

10https://www.specialneedsalliance.org/the-voice/your-special-needs-trust-snt-defined-2/

11https://www.specialneedsalliance.org/blog/strategies-for-funding-a-special-needs-trust/

12https://www.rbcwm-usa.com/resources/file-834922.pdf

13https://www.nerdwallet.com/article/investing/special-needs-trust

14https://www.nerdwallet.com/article/investing/special-needs-trust

15https://www.rbcwm-usa.com/resources/file-834922.pdf

Jeff Vistica is the managing principal of Vistica Wealth Advisors based in Carlsbad, CA. He is a CERTIFIED FINANCIAL PLANNER™, a Chartered Special Needs Consultant® a Chartered Financial Consultant® and an Accredited Investment Fiduciary®. He earned an Executive Financial Planner Advanced Certificate from San Diego State University and his bachelor’s degree from Loyola Marymount University. Vistica Wealth Advisors is an SEC registered investment advisory firm. Information was compiled from third-party sources believed to be reliable, however Vistica Wealth Advisors cannot guarantee the accuracy of that information. Hyperlinks to this third-party informational content and websites are provided solely for reader convenience. Information provided is for informational purposes only and does not intend to make an offer or solicitation for the sale or purchase of any specific securities, investments, or investment strategies. Prior to implementing any strategy, everyone is advised to consult with the appropriately licensed professionals to assess your individual situations and needs.
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