Special Needs Trusts

Cary, NC | Apex, NC | Raleigh, NC | Wake Forest, NC | Holly Springs, NC 

If you currently provide care for a child or loved one with special needs (such as mental or physical disabilities), you must have contemplated with concern about what may happen to them when you are no longer able to provide and care for them.While you can certainly provide that they receive money and assets, such a bequest may prevent them from qualifying for essential benefits under the Supplemental Security Income (SSI) and Medicaid programs. However, public monetary benefits provide only for the bare necessities such as food, housing and clothing. 

As you can imagine, these limited benefits will not provide those loved ones with the resources that would allow them to enjoy a richer quality of life. But if parents leave any assets to their child who is receiving public benefits, they run the risk of disqualifying the child from receiving them. Fortunately, the government has established rules allowing assets to be held in trust, called a “Special Needs” or “Supplemental Needs” Trust for a recipient of SSI and Medicaid, as long as certain requirements are met. 

Let Our Special Needs Trust Law Firm Help 

Our law firm, serving the Cary, Apex, Raleigh, Wake Forest, and Holly Springs, NC areas, can help you set up a Special Needs Trust and trust attorney so that government benefit eligibility is preserved while at the same time providing assets that will meet the supplemental needs of the person with a disability (those that go beyond food, shelter, and clothing and the medical and long term supports and services of Medicaid). This trust can fund those giving additional needs. In fact, the Special Needs Trust must be designed specifically to supplement, not replace public benefits. Parents should be aware that funds from the trust cannot be distributed directly to the disabled beneficiary. Instead, it must be disbursed to third parties who provide goods and services for use and enjoyment by the disabled beneficiary.

This trust can be used for a variety of life-enhancing expenditures without compromising your loved ones’ eligibility such as: 

• Annual check-ups at an independent medical facility
• Attendance of religious services
• Supplemental education and tutoring  
• Out-of-pocket medical and dental expenses
• Transportation (including purchase of a vehicle)
• Maintenance of vehicles
• Purchase materials for a hobby or recreation activity
• Funds for trips or vacations
• Funds for entertainment such as movies, shows or ballgames.  
• Purchase of goods and services that add pleasure and quality to life: computers, videos, furniture, or electronics.
• Athletic training or competitions
• Special dietary needs
• Personal care attendant or escort 

Rely on our Trust Attorney to Provide Modern Counsel in Wake Forest, NC & Beyond

Once you decide to set up a trust, it's imperative that you partner with an experienced estate attorney to guide you along the way. Without the proper form of assistance, this complex process may prove to be impenetrable. Fortunately, with the assistance of Chambers & Ennis, you won't have to worry about a thing. For years, our certified trust attorney has continued to assists an assortment of clients throughout Cary, NC and all surrounding communities. 

Not only will our legal team help your loved ones to avoid the litigation process down the line, but we can help you to minimize the taxes that you're forced to pay on your assets. On top of that, a secure trust will ensure that all your beneficiaries receive their inheritance in a highly efficient manner. All you have to do is schedule a consultation with our certified team today. We serve Cary, NC; Apex, NC; Wake Forest, NC; Holly Springs, NC and nearby areas.