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Special Needs Trust (Supplemental Needs Trust)

Preserving eligibility for vital government assistance (SSI / Medicaid) while enhancing quality of life.

Last updated: September 30, 2026

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Overview & Purpose

A specialized third-party trust established to supplement, rather than supplant, needs-based public benefits for a loved one living with physical, intellectual, or developmental disabilities.

Who May Consider It

  • You have a child, sibling, or relative who receives or may receive Supplemental Security Income (SSI) or Medicaid.
  • You want to leave money for their enrichment, therapies, recreation, technology, and housing without disqualifying their benefits.
What It Generally Does
  • Ensures trust principal and income are not counted as available resources for SSI and Medicaid asset tests.
  • Allows funds to pay for dental care, private caregivers, education, vacations, and personal assistive technology.
  • Third-party variant requires NO Medicaid payback upon beneficiary’s passing; remaining funds go to your other heirs.
What It Does NOT Do
  • Must NOT provide direct cash gifts or payments for food/basic shelter without triggering SSI benefit reductions.
  • Does not replace the need for guardian of person/estate designations where legally required.

Important Trade-offs

  • Strict expenditure compliance rules; trustee must understand Social Security POMS guidelines.

Relevant Assets

Life insurance proceedsCash reservesInvestment accounts
State Law Considerations

State Medicaid agency regulations interpret trust disbursements differently; exact local wording is essential.

Select your state above to view applicable statutory references. Estate and trust laws vary by jurisdiction — this section updates once a state is chosen.

Questions to Discuss with an Attorney

  • Should we establish a Third-Party SNT or does the beneficiary have their own funds requiring a First-Party (d)(4)(A) trust?

Related Documents

Letter of Intent for CaregiverTrustee Benefit GuideThird-Party Trust Agreement

Sources & References

This article was prepared using publicly available legal and government sources. Laws change, and readers should verify current rules in their jurisdiction.

Reviewed for educational accuracy

Last reviewed: September 30, 2026 · Next scheduled review: March 2027

This article is educational information and is not legal advice. Laws vary by jurisdiction. No attorney has reviewed this material unless a named, licensed attorney is credited above.

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