A Supplemental Needs Trust, sometimes called Special Needs Trust, is a special type of trust that is designed specifically to permit a disabled individual to have the benefit that the funds can provide while still permitting him or her to qualify for certain asset-based government benefits. The trustee, the person in charge of funds in the trust, may use the funds for the benefit of the disabled individual in any way that is “supplemental” to the benefits provided by the governmental benefits.
Because the benefits at issue are specifically designed to provide only for basic needs, such as food and shelter, the funds in the Trust can be used in almost any other way so long as they are used for the benefit of the beneficiary, including transportation, education, entertainment, travel and the like. The disabled individual has no actual access or control over the funds. If you or a loved one receives benefits based on a disability, or may receive such benefits in the future, speak with Attorney Harvey about whether a Supplemental Needs Trust could benefit your family.