Special Needs Trusts
Publications about
Special Needs Trusts
Publications re: Special Needs Trusts
- Begley POMS changes box – SOCIAL SECURITY CHANGES POMS RELATING TO SELF-SETTLED SPECIAL NEEDS TRUSTS (Thomas D. Begley, Jr.)
- Frequently Asked Questions About Special Needs Trusts
Answers to typical questions from clients about special needs trusts requirements and qualifications. - Key Decisions in Setting Up a Special Needs Trust (Special Needs Answers – 9/28/17)
Simply defined, a trust is an agreement between two people — a grantor who donates funds to the trust and a trustee who manages those funds according to the grantor's wishes, which are laid out in a trust document. Special needs trusts generally fall into one of three categories. - Planning with Special Needs Youth Upon Reaching Majority: Education and Other Powers of Attorney
An education power of attorney as an appropriate, but simple planning tool for an adult, mentally competent, disabled child. - Qualified Disability Trusts (Ciota, Starr & Vander Linden – 2/13/08)
Since tax year 2002, trustees of certain trusts for disabled indivdiuals have been able to claim the same personal exemption that an individual may claim. - Third-Party Special Needs Trusts vs. First-Party Special Needs Trusts (JD Supra)
There are two types of special needs trusts – one designed to hold assets gifted or bequeathed to a person with special needs from a third party (a “Third-Party Special Needs Trust”), and one designed to hold assets that are already deemed to be owned by that person with special needs (a “First-Party Special Needs Trust”). - Top 15 Tips for Estate Planners When Planning for Special Needs (April 2010)
The world of special needs planning has come of age. Once considered a narrow specialty that rarely demanded much of a traditional estate planner’s time, understanding how to protect the eligibility of a client’s child with a disability for publicly available programs, including health care, is now essential. A topic once reserved for continuing legal education programs involving Medicaid planning for the elderly, the hottest topic today at many estate planning CLEs concerns special needs trusts (SNTs) and special needs planning. - What is a "Qualified Disability Trust" for Federal Income Tax Purposes? (Ron Landsman & Robert Fleming)
Info regarding a small tax benefit for some disabled individuals. - Worst Mistakes Made in Planning and Drafting SNTs (Academy of Special Needs Planners – 7/14/08)
From the National Academy of Elder Law Attorneys Symposium, info on a presentation that focused on "The Top Worst Mistakes Attorneys and Trustees Make When Planning, Drafting or Administering Special Needs Trusts." - Section 8 & Special Needs Trust (Blaine Brockman – 6/3/15)
Section 8 and its interaction with special needs trusts has always been an uneasy and uncertain relationship. There are no express regulations or laws that exempt special needs trusts from the financial tests for Section 8 availability.
Some Public Housing Agencies will treat SNT disbursements one way and others will treat them the opposite way. There has been little judicial guidance in this murky area. However, a recent case from Massachusetts DeCambre v. Brookline Housing Authority, has discussed these issues.
Allow Blaine Brockman to inform us of the current state of the law and how the DeCambre case fits within the advice we provide to our clients.
More PEKD Advocacy pages about Special Needs Trusts:
