Need Professional Help? Talk to an Estate Planning Attorney.

What do you need help with?

Please select an answer
Continue

What do you need help with?

Please select an answer
Continue

Special Needs Trusts

For families caring for a loved one with a disability, special needs trusts can provide peace of mind. Special needs trusts allow the family to improve the quality of life for the loved one, without jeopardizing eligibility for government benefits. It’s best not to give money or property directly to a person who needs government assistance because if you do, that gift will almost certainly make the loved one ineligible to receive aid. Third-party special needs trusts provide a solution to that problem and they also help to ensure that the beneficiary gets as much as possible out of the family’s gift.

You must follow the rules when creating and living with special needs trusts, but if your needs are simple, you may be able to do this work without a lawyer.  Read the articles below to learn more about special needs trusts, how they work, how to make one, and when to see a lawyer.

Ready to create your will?

Use a trust to leave money to a loved one with a disability—without jeopardizing government benefits.

If you have a loved one with special needs, you might consider setting up a special needs trust to help support that person financially after you die.

Special needs trusts are designed to enhance the quality of life of a person with a disability by maximizing the resources available to them.

Here's an example of what a special needs trust might look like.

The Achieving a Better Life Experience (ABLE) act creates a bank account specifically for people with disabilities.

If you create a special needs trust for a loved one, you will probably fund the trust substantially after your death.

Who will manage your loved one's special needs trust after you're gone?

Special Needs Trust: The Trustee's Job Learn what you'll need to do as the trustee of a special needs trust.

The person serving as trustee of the special needs trust can usually pay for anything for the person with special needs, as long as the purchase is not against public policy or illegal and does n

If you are serving as trustee of a special needs trust, you need to know whether you can use trust funds to pay for food or shelter.

Special needs trusts, which are also sometimes called special treatment trusts or special purpose trusts, are designed to hold assets that can be used for the benefit of someone who is receiving Me

An applicant who has more resources than are allowed by Medicaid can use a self-settled special needs trust to become eligible for Medicaid.

Special needs trusts can be very useful to disabled individuals who have too many assets to qualify for Medicaid.

The special needs trust you make to help loved one will not protect that person's own assets.

Can I make a special needs trust without a lawyer?

What is an irrevocable special needs trust?

What is a testamentary special needs trust?

Empower Yourself: DIY Products by Nolo

Sidestep the lawyers with do-it-yourself books, documents, and software.

Save your family time, money, and headaches
If you find yourself serving as an executor or trustee, take control of the estate or trust with these plain-English books.
America’s #1 Estate Planning Software
Use this form to make simple changes to your living trust – for example, adding or removing beneficiaries or naming a new successor trustee.

Nolo offers hundreds of consumer-friendly, do-it-yourself legal products for all types of legal situations. Browse our full product list.

More Legal Issues

Click below to view more legal issues. Our extensive collection of legal topics ranges across different areas of practice.

Learn About Our Team

Learn About Our Team

Our editors have over 100 years of combined experience practicing law. These professionals have worked in a wide range of legal areas, from estate planning to criminal law to business formation and beyond. They’re experts at explaining complicated legal issues in easy-to-understand terms.

Learn more about the team that manages Nolo’s articles, books, and DIY tools.

Need a Lawyer? We Can Help

Find an experienced, local attorney in three easy steps. Our process is designed for ease and simplicity.

01

Describe Your Case

Briefly tell us about your case, and provide your contact information.

02

Get Connected

We find and instantly list attorneys that can best handle your case.

03

Hire an Attorney

Choose the attorneys you would like to work with.

Integrity and Expertise You Can Rely On

Get Professional Help
Talk to an Estate Planning attorney.

What do you need help with?

Please select an answer
Continue

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you