Special Needs Trusts Lawyer in Scottsdale, Arizona
Planning for the long-term care and financial security of a loved one with a disability requires careful legal and financial planning. A Special Needs Trust (SNT) is one of the best ways to provide financial support while ensuring eligibility for critical government benefits like Supplemental Security Income (SSI) and Medicaid. At Robert J. Weber PC, we help families in Scottsdale, Arizona, create Special Needs Trusts that protect their loved ones’ futures while preserving their access to essential assistance programs.
What Is a Special Needs Trust?
A Special Needs Trust is a legal arrangement that allows assets to be managed and used for a person with a disability without affecting their ability to receive government aid programs. Since programs like SSI and Medicaid have strict income and asset limits, a direct inheritance or financial gift could unintentionally disqualify a person from receiving necessary support.
By placing assets in a Special Needs Trust, families can ensure that their loved one has access to additional financial resources for expenses that improve their quality of life. These funds can be used for:
- Medical care and therapy not covered by Medicaid
- Personal care attendants and support services
- Education and vocational training
- Housing, utilities, and transportation
- Recreational activities and travel
- Assistive technology and medical equipment
Types of Special Needs Trusts
There are two main types of Special Needs Trusts, and choosing the right one depends on your situation.
1. First-Party Special Needs Trust
- Funded with the disabled individual’s own assets, such as an inheritance, lawsuit settlement, or personal savings.
- Allows the individual to retain eligibility for government benefits.
- Requires a Medicaid payback provision, meaning any remaining funds must be used to reimburse Medicaid upon the beneficiary’s passing.
2. Third-Party Special Needs Trust
- Funded by parents, grandparents, or other family members using their own assets.
- Commonly used as part of an estate plan to provide financial support without affecting government benefits.
- No Medicaid payback requirement, allowing any remaining funds to pass to other heirs.
At Robert J. Weber PC, we help families in Scottsdale, Arizona, determine the best type of trust for their specific needs and ensure that it is properly structured and legally sound.
Benefits of a Special Needs Trust
Establishing a Special Needs Trust offers several advantages, including:
- Protecting government benefits: Ensures that the beneficiary remains eligible for SSI, Medicaid, and other assistance programs.
- Managing funds responsibly: Allows a designated trustee to oversee assets and distribute them according to the trust’s terms.
- Providing long-term financial security: Ensures that funds are used for supplemental expenses that improve the beneficiary’s quality of life.
- Avoiding probate: Assets held in the trust pass directly to beneficiaries, avoiding court delays and expenses.
Why Work With a Special Needs Trusts Lawyer?
Setting up a Special Needs Trust requires careful planning and legal precision. A mistake in structuring the trust could disqualify the beneficiary from government assistance, leading to unnecessary financial hardship.
At Robert J. Weber PC, we assist clients in Scottsdale, Arizona, by:
- Ensuring the trust complies with Arizona and federal laws.
- Drafting a trust document that protects eligibility for government benefits.
- Helping select a qualified trustee to manage and distribute funds appropriately.
- Providing guidance on funding the trust and transferring assets correctly.
- Assisting with modifications and updates to keep the trust effective over time.
Protect Your Loved One’s Future Today
A Special Needs Trust is a crucial tool for securing the future of a loved one with a disability while preserving access to government benefits. At Robert J. Weber PC, we are dedicated to helping families in Scottsdale, Arizona, create estate plans that provide financial security and peace of mind.
If you need help setting up a Special Needs Trust, contact us today. Visit www.robert-j-weberpc.com to learn more or schedule a consultation.