Special Needs Trust
Protecting those who cannot defend themselves!
We at MMZ Law understand that children with special needs require more than an attorney. They need a defender who can navigate the complex legal systems and ensure their safety and comfort. We can create and maintain a trust that protects your special needs child long after you are gone, and which protects their personal income, so that they are still eligible for the benefits they deserve. Let MMZ Law be your voice on their behalf.
Are there different types of Special Needs Trusts?
A Special Needs Trust is crucial, to protect your children with disabilities or functional needs, no matter their age. This legal document guards their future and, specifically, their care when you are gone. Per your direction, it provides their financial support and guidance, but will not disqualify your special needs child from government benefits and programs, such as public assistance benefits, Medicare and SSI.
There are 3 main types of special needs trusts:
Third Party
Special Needs Trust
A Third Party Special Needs Trust is a traditional trust. It is funded by someone other than the individual with special needs. Typically, it is established by the Trustor while they are still living and, depending on how it is drafted, the beneficiary can have access to the funds while the Trustor is still alive, as well as when they pass.
First Party
Special Needs Trust
A First Party Special Needs Trust is a trust established by the individual who has the special needs. Typically, it is created to protect the individual’s government benefits, as the income within the trust does not count as personal income.
Pooled
Special Needs Trust
A Pooled Special Needs Trust is a community trust that represents and is funded by multiple families, individuals and organizations (often non-profits). Each beneficiary receives their own account within the trust and by pooling the trust, administrative fees can be reduced.
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