Special needs trusts protect assets for the benefit of an individual with disabilities (called a trust beneficiary) who is approved for or receiving public benefits, such as Supplemental Security Income (SSI) or Medicaid, that limit the amount of assets a person may own. The trust property is not counted as an asset. A trustee manages the trust property for the trust beneficiary who by law is not permitted to control the trust property.

There are two types of special needs trusts: first party/self-settled and third party. A first party/self-settled special needs trust is funded with the assets of the individual with disabilities and has a Medicaid payback. A third party special needs trust is funded with assets owned by people other than the individual with disabilities, such as a parent, and does not have a Medicaid payback.

The Voice® Articles

SNA attorneys lend their expertise in our monthly articles to provide insights into the development of the laws relating to special needs and planning considerations facing individuals with disabilities and their families. DISCOVER relevant articles on this topic here.

Loud and Clear Blogs

Our monthly blogs feature our member attorneys and guests from the disability community tackling the day-to-day and long-range issues that affect the lives of individuals with disabilities and their families. READ blog entries on this topic here and join the conversation in the comments section.

Other Resources

SNA offers resources on Special Needs Trusts that individuals with disabilities and their families may find helpful. FIND relevant resources here.