Special Needs Planning
Do you have a loved one with a disability?
Let us help you ensure they’re protected no matter what.
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Special needs trusts (or supplemental needs trusts) allow a person living with disabilities to inherit or receive funds to improve their quality of life — without losing access to vital government benefits.
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Benefits programs like SSI and Medicaid have strict asset and income requirements. A special needs trust is structured so that it is not “countable” by the government agencies that determine eligibility. This allows your loved one to have funds used to improve their quality of life.
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During your lifetime, your loved one may rely on you to provide for them in ways their benefits alone cannot. If you die and leave them an inheritance outright, the new funds could cause them to lose access to income and healthcare.
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Many families set up special needs trusts in their wills, so that the trust is created and funded at death. Others prefer setting up a standalone SNT so that they and others can contribute to it during their lifetimes. We will discuss all your options, so that you know your loved one is protected.
Helping to Keep Your Family Secure
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Don't Put Public Benefits at Risk
Getting your loved one qualified for public benefits such as SSI (Supplemental Security Income) and Medicaid can be onerous. However, securing and maintaining these benefits can be critical to a family’s financial viability. SSI and Medicaid may be worth hundreds of thousands to millions of dollars over the lifetime of the person with a disability and their family members, especially if they have expensive medical issues.
Because SSI and Medicaid have income and asset limits, the recipient cannot directly receive money from an inheritance or a settlement, or they will lose their benefits. Sometimes well-meaning parents who know this leave their disabled children out of their wills. This unfortunate scenario can lead to strained relationships and money mismanagement.
Bertsch & Boze Elder Law, PC., can help maintain public benefits by preparing a Special Needs Trust for your loved one. This allows them to keep their benefits and still reap the advantages of additional money.
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Types of Special Needs Trusts We Prepare
At Bertsch & Boze, we specialize in crafting Special Needs Trusts tailored to meet the unique circumstances of our clients. Our offerings include:
First-Party Supplemental Needs Trust: Established with the beneficiary's own funds, this trust is ideal for individuals under 65 who are legally disabled. The beneficiary lacks direct access to the trust funds, and upon their death, the remaining funds reimburse the State of Texas for medical expenses provided during their lifetime.
Third-Party Supplemental Needs Trust: This trust, funded by individuals other than the beneficiary, such as parents or grandparents, supports loved ones receiving public benefits. Funds are irrevocable and can be contributed at any time without age restrictions. Upon the beneficiary's demise, the remaining funds are disbursed according to the grantor's wishes.
Arc of Texas Master Pooled Trust: Managed by The Arc of Texas and approved by relevant authorities, this pooled trust offers an affordable alternative to traditional bank trusts. With low enrollment costs and minimum funding requirements, it's an attractive option for individuals under 65 seeking to fund a trust with a small inheritance or settlement.
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Why Supplemental Needs Trusts Are Critical
Planning for a loved one with a disability requires careful consideration. Without proper planning, even well-intentioned inheritances can inadvertently disqualify beneficiaries from receiving vital public benefits like SSI and Medicaid. A Supplemental Needs Trust helps your loved one access financial support while preserving eligibility for essential benefit programs. Our special needs trust attorneys in San Antonio, TX can guide you through the process to ensure long-term protection and peace of mind.
Families across San Antonio and surrounding areas rely on our special needs trust attorneys in San Antonio, TX to navigate these complexities and provide peace of mind. With the right trust structure, your loved one can access funds for education, medical care, recreational activities, or other personal needs while preserving essential benefits.