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To create a first-party SNT, the government must officially recognize your disability status, and you need to be under the age of 65. The trust will only hold your assets and not serve as a receptacle for funds from other family members.
What are the main benefits of an SDT? The asset value limit of $781,250 (indexed annually on 1 July) and income from the trust may be disregarded for the purposes of the principal beneficiary's income support payment. Assets above that limit are added to the assessable assets of the principal beneficiary.
When you create and fund the trust, you draw up a trust agreement. In this agreement you name a trustee to administer the trust. The beneficiary cannot directly handle assets that have been conveyed into the trust. However, the trustee can use of the trust's assets to address the supplemental needs of the beneficiary.
Cons of Special Needs Trusts The trust must be maintained, and yearly management costs can be high. Depending on who manages the fund, there may be a minimum amount required to set up the trust. It may be financially difficult for the settlor to actually establish the trust, depending upon their circumstances.
Section 30-4-10-43 - Beneficiary with a disability (a) This section applies to any trust that has a beneficiary with a disability, without limitation, whenever a special-needs fiduciary for the trust determines that the beneficiary with a disability may qualify for governmental benefits based on a disability, whether ...