New Hampshire Petitioner's Order Authorizing a Distribution of Supplemental Care Trust for the Benefit of Incapacitated

The term "special needs trust" refers to the purpose of the trust -- to pay for the beneficiary's unique or special needs. In short, the name is focused more on the beneficiary, while the name "supplemental needs trust" addresses the shortfalls of our public benefits programs.

The person serving as trustee of the special needs trust can usually pay for anything for the person with special needs, as long as the purchase is not against public policy or illegal and does not violate the terms of the trust.

Medication and medical equipment not covered by Medicare or Medicaid. Insurance premiums (health, life, dental, auto, renter's, etc.) Personal assistance. Job coaching. Home renovations to improve accessibility. Private counseling or case management.

Supplemental Needs Trusts are often used to receive an inheritance or personal injury litigation proceeds on behalf of an individual with a disability, in order to allow the person to qualify for Medicaid benefits despite their receipt of the settlement.

While all special needs trusts must file annual income tax returns, only larger third-party trusts that earn more than they distribute each year actually pay any taxes. The others pass through their income to the beneficiary with special needs.

This type of trust is sometimes also called a "supplemental needs trust." Special needs trusts are irrevocableneither creditors nor the winner of a lawsuit can access funds designated for the beneficiary.

Special needs trusts pay for comforts and luxuries -- "special needs" -- that could not be paid for by public assistance funds. This means that if money from the trust is used for food or shelter costs on a regular basis or distributed directly to the beneficiary, such payments will count as income to the beneficiary.