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Email Us NowManaging assets can be a tricky feat, especially when a disabled individual is involved.
A special needs trust is a great way to ensure all members of your family are covered in your estate planning strategy. Our special needs trust attorneys at the Law Offices of Ericson, Scalise & Mangan, PC are here to help.
What is a Special Needs Trust?
A special needs trust (SNT) is set up for a person with special needs. The SNT provides additional support for a person who is or may in the future receive benefits from any government program. A special needs trust will allow the beneficiary to receive government benefits while still receiving financial support from the trust. The assets in the SNT are not subject to a lien during the life of the beneficiary.
A trust is really a relationship between three parties: 1. The person who creates the trust, often referred to as a donor, grantor, or settlor. This person supplies the funds for the trust either during life or upon death; 2. a trustee, who agrees to hold and administer the funds according to the donor’s wishes for the benefit of the beneficiary; and 3. a Beneficiary or beneficiaries who receive the benefit of the funds.
How is a Special Needs Trust Established?
A special needs trust is specifically drafted in a manner that will provide support for the beneficiary while not affecting the beneficiary’s access to important government benefits. There are three main types of special needs trusts: 1. the first-party trust, 2. the third-party trust, and 3. the pooled trust. All three name the person with special needs as the beneficiary.
A “first-party” SNT holds assets that belong to the person with special needs, such as an inheritance or an accident settlement. A “third-party” special needs trust holds funds belonging to other people who want to help the person with special needs; often, a parent or grandparent. A pooled trust holds assistance from many different beneficiaries with special needs, such as a PLAN Trust.
The reason there are several different types of trusts has to do with regulations regarding Supplemental Security Income (SSI). SSI is a government program that provides financial support to people with low incomes who have special needs. In order to qualify for SSI, an applicant or beneficiary can have only $2,000 in their own name.
If the person is also on Medicaid in Connecticut, then this amount is reduced to $1,600. If the person has more than $2,000 in their own name, (typically because of excess savings, an inheritance or an accident settlement), the government allows them to qualify for SSI so long as they place their assets into a first-party SNT.
How Trustees Manage Funds in a Special Needs Trust
Choosing the right trustee is essential to ensuring that your disabled loved one is protected both financially and legally. Trustees are responsible for managing trust assets, making distributions according to the trust document, and protecting eligibility for public benefits law programs such as SSI and Medicaid.
The trustee must carefully follow spending rules so that the trust is used only to supplement, not replace, government benefits. That means they can pay for approved expenses—such as specialized therapies, mobility aids, assistive technology, housing modifications, transportation, and recreational activities—without putting benefits at risk.
In Connecticut, especially for families in areas like West Hartford, elder law and special needs planning often involve trustees working closely with attorneys, financial advisors, and care managers to ensure everything is handled correctly.
Trustees also have a duty to keep accurate records, file tax documents, and manage investments in the best interests of the disabled child or disabled person. Whether the trustee is a family member, professional, or corporate entity, they play a vital role in protecting eligibility, promoting independence, and supporting long-term quality of life.
What are the Benefits of a Special Needs Trust?
While the beneficiary is living, the funds in the trust are used for their benefit, and when they die, any assets remaining in the trust are used to reimburse the government for the cost of their medical care. These trusts are especially useful for beneficiaries who are receiving SSI and come into large amounts of money, because the trust allows the beneficiary to retain their benefits while still being able to use their own money when necessary.
The third-party SNT is most often used by parents and other family members to assist a person with special needs. These trusts can hold any kind of asset imaginable, belonging to a family member or other individual, including a house, stocks and bonds, and other types of investments.
The third-party trust functions like a first-party SNT during the beneficiary’s life in that the assets held in the trust do not affect an SSI beneficiary’s access to benefits, and the funds can be used to pay for the beneficiary’s supplemental needs beyond those covered by government benefits. But a third-party SNT does not contain the “payback” provision found in first-party trusts.
This means that when the Beneficiary with special needs dies, any funds remaining in their trust can pass to other family members, or to charity, without having to be used to reimburse the government.
A pooled trust is an alternative to the first-party SNT. Essentially, a charity sets up these trusts that allow beneficiaries to pool their resources for investment purposes, while still maintaining separate accounts for each beneficiary’s needs. When the beneficiary dies, the money remaining in their account reimburses the government for their care, but a portion also goes towards the non-profit organization responsible for managing the trust. PLAN of CT is a pooled trust.
Choosing the Right Trustee: Family, Professional, or Corporate?
When planning for the future of a disabled child or disabled loved one, selecting the right trustee can be just as important as creating the trust itself. Connecticut families often choose between a trusted relative, a professional fiduciary, or a corporate trustee.
A family member may understand the disabled loved one’s personal needs and preferences but may lack experience with public benefits law, financial management, and long-term trust administration.
A professional trustee, such as an elder law attorney or financial advisor, brings expertise in managing investments, maintaining compliance, and handling legal requirements but may not have a personal connection to the child.
A corporate trustee, like a bank or trust company, offers stability, safeguards, and long-term oversight. However, they may charge higher fees and provide less personal interaction.
Your decision should take into account:
- The nature of your loved one’s disabilities
- The types of assets in the trust
- Family dynamics and long-term needs
- How much control and flexibility you want the trustee to have
Connecticut families—especially in areas such as West Hartford—are encouraged to consult our elder law and estate planning professionals to protect their loved ones’ benefits and ensure thoughtful, secure trust management for the future.
Contact a Special Needs Trust Lawyer Today
Special needs trusts are an important part of estate planning and elder law planning. Each client’s individual circumstances are important to discuss and understand when determining whether a special needs trust is appropriate, and which one best fits the client’s needs. Please contact Ericson, Scalise & Mangan, P.C. to discuss this in greater detail and ensure your family has the financial security it deserves.
