Special Needs Trusts
Planning for loved ones with special needs can be challenging. Special Needs Planning attorney Ben Connor can help you identify what kind of special needs planning works best for your family and what complies with the federal and state law. We can show you how to provide an inheritance for your disabled grandchild, but not disqualify her from receiving needed governmental assistance for which they are qualified to receive. A special needs trust can be carefully designed to supplement and not jeopardize benefits provided by local, state, federal or private agencies.
When you include special needs planning in your Arizona or Utah living trust, you instruct the trustee to distribute assets that will supplement, as opposed to supplant, government benefits. That being said, there may come a time when it’s in your beneficiary’s best interests to go ahead and use trust assets even if disqualification occurs. You can give the trustee that power to make good decisions at the time.
We suggest you consider including special needs planning language in your Arizona or Utah living trust just in case a loved one such as a child, grandchild, or parent, at some point in the future, qualifies for governmental benefits because of a future developed special need. If assets flow to a beneficiary who qualifies for benefits, he will be disqualified until all of your money has been spent down, wasting your gift.
In addition, when a special needs loved one has already been identified, we sometimes recommend creating a free standing special needs trust. We will be happy to explain the benefits of a Special Needs Trust in a free consultation. Call our office for an appointment.