Elder Law - Special Needs Trusts

A special needs trust is designed to protect certain assets of a person under the age of 65 who is or may in the future be receiving governmental assistance.

A special needs trust must be irrevocable. That is, it cannot be changed. A family member or a third party may act as the Trustee. The special needs trust may not provide for ordinary expenses of food, shelter, clothing, and/or other incidentals of support currently provided by governmental entities. The trust must be created by a parent, grandparent, or legal guardian. It can also be created by a Court Order. A special needs trust must meet statutory requirements and is best prepared by an attorney who has previously prepared such trusts.

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