Special Needs Trust

Protecting Care, Benefits, and Financial Stability for Loved Ones with Special Needs

For parents of children with special needs, estate planning requires additional care, foresight, and precision. One of the most common—and deeply personal—concerns we hear is:

“If something happens to us, how will our child be cared for financially?”

Many children with special needs rely on a parent’s income and assets for support. At the same time, they may also depend on essential government assistance programs such as Medicaid and Social Security Disability Income (SSDI). Without proper planning, an inheritance—even one given with the best intentions—can unintentionally disrupt those benefits and create significant hardship.

This is where Special Needs Trusts play a critical role.

Why Traditional Inheritance Can Be a Problem

For individuals receiving means-tested government benefits:

  • Owning assets in their own name may disqualify them from Medicaid or SSI

  • Losing benefits can interrupt medical care, housing, and daily support

  • Requalifying can be difficult and stressful—especially during a time of loss

A well-intended inheritance can create chaos at exactly the moment when stability is most needed.

What Is a Special Needs Trust?

A Special Needs Trust (SNT) is a specialized trust designed to hold assets for the benefit of a person with special needs—without those assets being owned directly by the individual.

Key features include:

  • Assets are owned by the trust, not by the child

  • A trustee is appointed to manage and distribute funds

  • The child can continue receiving government benefits

  • Trust funds can be used to enhance quality of life—beyond what benefits provide

Because the assets never pass directly to the child, eligibility for programs like Medicaid and SSDI can be preserved.

How a Special Needs Trust Works

Typically, a Special Needs Trust is funded after the parents pass away, often through:

  • The estate

  • Life insurance proceeds

  • Retirement accounts or other assets named as beneficiaries

Once funded:

  • The trustee oversees investments and distributions

  • Funds can be used for expenses not covered by government programs, such as:

    • Additional medical care

    • Therapies

    • Education

    • Transportation

    • Recreation and enrichment

    • Personal support services

This structure allows parents to provide meaningful, long-term financial support without jeopardizing critical benefits.

The Intersection of Financial Planning and Estate Planning

Special Needs Trust planning is one of the clearest examples of where financial planning and estate planning intersect.

As part of this process, we help families:

  • Estimate the lifetime financial needs of the child

  • Determine how much funding the trust will require

  • Evaluate income sources, assets, and insurance strategies

  • Coordinate beneficiary designations properly

  • Ensure the broader estate plan supports the Special Needs Trust

It is not just about drafting legal documents—it’s about ensuring the plan is financially viable over the child’s lifetime.

The Importance of Specialized Legal Guidance

Special Needs Trusts are a highly specialized area of estate planning.

Improperly drafted trusts can:

  • Disqualify a child from benefits

  • Limit how funds can be used

  • Create unintended tax or administrative issues

For this reason, we strongly recommend working with estate attorneys who specialize in Special Needs Trusts. Our role is to collaborate closely with those attorneys to ensure the trust language aligns with the financial plan and the family’s long-term goals.

Peace of Mind Through Proactive Planning

For parents, planning for a child with special needs is not about pessimism—it’s about love, responsibility, and peace of mind.

A properly structured Special Needs Trust:

  • Protects access to essential benefits

  • Provides long-term financial support

  • Reduces uncertainty for caregivers and family members

  • Honors a parent’s wishes after they are gone

Most importantly, it helps ensure continuity of care during a vulnerable time.

Our Role in Special Needs Planning

At Greenbush Financial Group, we help families:

  • Understand how Special Needs Trusts work

  • Integrate trust planning into the overall financial plan

  • Coordinate with specialized estate attorneys

  • Structure assets and beneficiary designations correctly

  • Plan for long-term sustainability and care

Our goal is to help families move forward with confidence—knowing their child will be supported, protected, and cared for.

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Frequently Asked Questions About Special Needs Trusts

  1. What is a Special Needs Trust?
    A Special Needs Trust is a trust designed to hold assets for a person with special needs without disqualifying them from government benefits.
  2. Why can’t my child inherit assets directly?
    Direct ownership of assets can disqualify individuals from Medicaid, SSI, and other needs-based programs.
  3. Who manages a Special Needs Trust?
    A trustee, chosen by the parents, manages the trust assets and makes distributions on behalf of the beneficiary.
  4. What can Special Needs Trust funds be used for?
    Funds can be used for supplemental needs such as medical care, therapies, education, transportation, and quality-of-life expenses.
  5. When is a Special Needs Trust funded?
    Most often, it is funded after the parents pass away through estate assets, life insurance, or beneficiary designations.
  6. Will a Special Needs Trust affect Medicaid or SSDI eligibility?
    When structured correctly, it allows the beneficiary to maintain eligibility for government assistance programs.
  7. Do Special Needs Trusts require a specialized attorney?
    Yes. These trusts require specialized legal drafting to ensure compliance with benefit program rules.
  8. Should Special Needs Trusts be part of a financial plan?
    In many cases, yes. Funding and sustainability must be carefully planned to ensure long-term support.
 

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All of our services start with a complimentary consult. No high pressure sales tactics. We are financial planners, not salesmen.


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About Our Firm:  Greenbush Financial Group is an independent registered investment advisory firm based in Albany, New York, that provides four main services to clients: fee-based financial planning services, investment management, employer-sponsored retirement plans, and retirement planning services.  The firm serves clients locally in the Albany region and virtually across the United States.

 
 

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