Can I make a special needs trust without a lawyer?
Most families will use a lawyer to make a special needs trust. In many cases, the language of the special needs trust must be technical and precise. In order to keep trust funds from becoming the beneficiary's own property (and disqualifying the disabled individual from Medicaid), the trust document must include specific language required by federal and state regulations.
Special needs trusts also provide the opportunity to leave very individualized instructions about the individual's needs, as well as instructions for how trust funds can be used. An experienced lawyer will have the skills to include such details and instructions, without jeopardizing the integrity of the trust.
That said, in some situations, making a special needs trust without a lawyer is a reasonable choice.
Can you safely set up a special needs trust yourself? You can use a special needs trust form in certain situations. Consider the following:
If you're ready to make your own special needs trust or just want to learn more about how they work, read Special Needs Trusts, by Kevin Urbatsch. This book shows you how to leave any amount of money to your disabled loved one without jeopardizing government benefits. It provides plain-English information and forms that let you create a special needs trust by modifying your will or living trust document.
Learn more about Special Needs Trusts.
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