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Blog Blog Just another WordPress weblog Not all so-called special needs trusts prove special January 6th, 2011 Not all so-called special needs trusts prove special Calling a trust special needs trust or supplemental needs trust doesn’t prevent it from disqualifying the trust beneficiary from government aid like SSI, Medicaid, and free group home placement. So-called SNTs will prove disqualifying unless drafted and administered properly. At a minimum, an SNT must not have any obligation to fund the beneficiary’s support or distribute at fixed times, and the trust beneficiary must not have the right to terminate the trust and capture the amounts in it. Although not stated explicitly, such disqualifying obligations and rights can be implied from poorly drafted trust terms as sometimes arise when the person drafting a so-called SNT lacks expertise in this arcane area of the law. In addition, a trust containing amounts attributable to the trust beneficiary (such as a personal injury recovery, outright inheritance, or divorce share) must contain numerous provisions mandated by complex Medicaid regulations. Finally, even a well drafted trust can disqualify the beneficiary for government aid if it isn’t administered properly. Many detailed articles on special needs planning and trusts are freely available at the “Articles-Speical Needs” tab of SpecialNeedsNJ.com Posted in Uncategorized | 1 Comment » Search for: Author A little something about you, the author. Nothing lengthy, just an overview.Archives January 2011 Categories Uncategorized (1) Blogroll Drew Julie Peter Travis Meta Log in Valid XHTML XFN WordPress Blog is proudly powered by WordPress Entries (RSS) and Comments...