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Special needs trust information


For Kent residents who have children with special needs, their future is often at the top of their minds. Parents of special needs children know how much care their vulnerable child needs now and how much they will continue to need for the rest of their life. Establishing a special needs trust may be a good way to ensure their future is protected even if their parents are no longer alive.

A special needs trust is created to benefit a disabled or mentally ill child. The trust is created with the child's future needs and lifestyle in mind. Setting up a special need trust is a good way to ensure the child continues to receive government benefits such as social security disability. If a lump sum of money is given to a child through a will then the child can lose their disability benefits. A trustee is established to manage the trust and given legal authority over the trust money. This can be a family member or a third party appointed by the court. The trustee usually buys what the beneficiary needs, such as personal care attendants, home furnishings, medical expenses, physical therapy, vehicles and more.

Having the peace of mind that a disabled child will be taken care of after their parents pass is invaluable for families. A legal professional skilled in estate planning can help a family establish a special needs trust designed for their unique situation. They have the experience necessary to know how to draft the trust, what to include and how to make sure their child is well taken care of for the rest of their lives.

Parents who have a child with special needs need to know that there are options to make sure their child is always taken care of. Establishing a special needs trust may be a good option for these families.

Source: findlaw.com, "Special needs trusts FAQ's," accessed on Feb. 7, 2016

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