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You'll need to do a few things when setting up your special needs trust. First, you'll need to talk with an experienced estate planning attorney who fully understands how special needs trusts work. They can help you carefully draw up your trust documents ing to NC law. Next, you'll choose a trustee.
Typically, a third party special needs trust is set up by the family of the disabled person. The family then gifts money to the trust, rather than the disabled person, so the gifts do not interfere with the disabled persons Supplemental Security Income (SSI), Medicaid, vocational rehabilitation, and subsidized housing.
The central purpose of a Special Needs Trust ("SNT") is to hold assets for the "supplemental needs" of a disabled person, without disrupting his or her entitlement to certain public benefits. To accomplish this, the SNT must be carefully drafted to conform to Michigan (or other relevant state) and federal guidelines.
Special Needs Trust Typically, a guardian of the estate is first appointed for the minor or incompetent and then the guardian can apply for the approval of the creation of the Special Needs Trust. ... The Special Needs Trust will be administered and supervised as any other trust created through the Probate Court.
A special needs trust (SNT) is a trust that will preserve the beneficiary's eligibility for needs-based government benefits such as Medicaid and Supplemental Security Income (SSI). Because the beneficiary does not own the assets in the trust, he or she can remain eligible for benefit programs that have an asset limit.