Elder Law

Special Needs Trust

Leaving money directly to a disabled loved one can disqualify them from Medicaid and SSI. A special needs trust lets you provide for them without putting their benefits at risk.

A special needs trust (SNT) is designed specifically for beneficiaries who receive means-tested government benefits like Medicaid or Supplemental Security Income. Assets held in a properly structured SNT supplement those benefits without replacing them, covering things like education, transportation, recreation, and personal care that government programs don’t pay for.

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Families we help with special needs planning

A direct inheritance, even a well-intentioned one, can disqualify a disabled person from Medicaid and SSI the moment the funds arrive. The trust is the solution, not an afterthought.

  • A child or adult who receives Medicaid or SSI
  • A family member who wants to leave an inheritance without disrupting benefits
  • A beneficiary who may receive a legal settlement or inheritance directly
  • A trustee who needs help understanding what the trust can pay for

Not sure what your family needs?

One conversation is usually enough to understand whether a special needs trust is the right tool, and what it should look like for your situation.

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How a special needs trust protects benefits

Assets held in a properly structured SNT supplement government benefits without replacing them. The trust pays for what Medicaid and SSI don’t, education, transportation, recreation, personal care.

The cost of getting it wrong

A special needs trust costs very little to create relative to what it protects. The risk of getting it wrong, or not doing it at all, is far greater than the cost of doing it properly.

How We Help

How we work with your family

01

Understanding the situation

We review the beneficiary’s current benefits, care needs, and what you want the trust to accomplish, before recommending a structure.

02

Drafting the trust

We prepare a third-party or first-party SNT that meets all federal and Missouri requirements and is designed to hold up under Medicaid scrutiny.

03

Integrating with your estate plan

We update your will or revocable trust to direct assets to the SNT rather than directly to your loved one, so the plan works as intended when it matters most.

04

Advising on trustee selection

We help you think through who should serve as trustee, a family member, a professional, or a pooled trust, and what each option means in practice.

Common Questions

What clients ask us

What's the difference between a first-party and third-party special needs trust?

A third-party special needs trust is funded with someone else's money, typically a parent or grandparent. A first-party trust is funded with the disabled person's own assets, such as from a legal settlement or an inheritance received directly. Third-party trusts are more flexible and don't require Medicaid payback at death.

Can I leave money to my disabled child in my will?

You can, but a direct bequest may disqualify them from Medicaid and SSI. The better approach is to direct the inheritance to a special needs trust in your will, so assets flow to the trust rather than directly to your child. This requires that the trust be properly drafted and referenced in your will.

Who should serve as trustee of a special needs trust?

A family member, a professional trustee, or a nonprofit pooled trust company. The trustee has significant responsibility and must understand the rules around what the trust can and cannot pay for. Distributions that violate those rules can affect the beneficiary's benefits.

What can a special needs trust pay for?

Supplemental needs that government programs don't cover: education, transportation, recreation, technology, personal care items, travel, and more. The trust generally cannot pay for basic food and shelter without affecting SSI benefits, though the rules are nuanced and depend on the specific benefit program.

Does a special needs trust need to be updated over time?

Yes. Government benefit rules change, the beneficiary's needs change, and family circumstances change. A special needs trust should be reviewed periodically, and especially when there are significant changes in Medicaid rules, SSI regulations, or the beneficiary's living situation.

Protect what matters most.

One conversation is usually enough to understand whether a special needs trust is the right tool, and what the next steps look like. No pressure, no obligation.

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