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THE UNIVERSITY OF TEXAS SCHOOL OF LAW T H E W E A LT H M A N A G E M E N T A N D T R U S T D I V I S I O N O F T H E T E × A S B A N K E R S A S S O C I AT I O N13TH ANNUAL CHANGES AND TRENDS AFFECTINGSPECIAL

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How to fill out special needs trusts

01

To fill out a special needs trust, follow these steps:

02

Determine the type of special needs trust you need. There are two main types: third-party special needs trusts and self-settled special needs trusts.

03

Consult with an attorney who specializes in special needs planning. They can provide guidance on the specific requirements and laws related to special needs trusts in your jurisdiction.

04

Gather all necessary information and documentation, including the beneficiary's personal and financial information.

05

Draft the trust document, including the trust terms and provisions that will protect and provide for the beneficiary's needs while preserving their eligibility for government assistance.

06

Name a trustee who will manage the trust assets and make decisions on behalf of the beneficiary. This can be a family member, friend, or professional trustee.

07

Fund the trust by transferring assets, such as cash, property, or investments, into the trust's name.

08

Review and finalize the trust document with the assistance of your attorney.

09

Execute the trust document by signing it in the presence of witnesses and a notary, if required.

10

Store the trust document in a safe and accessible place.

11

Periodically review and update the trust as needed, especially if there are any significant changes in the beneficiary's needs or circumstances.

Who needs special needs trusts?

01

Several groups of individuals may benefit from special needs trusts, including:

02

- Individuals with physical or mental disabilities

03

- Children or adults who are eligible for government benefits, such as Medicaid or Supplemental Security Income (SSI)

04

- Individuals who receive a significant settlement or inheritance and want to protect their eligibility for government assistance programs

05

- Families who want to ensure financial security and a reliable source of support for a loved one with special needs after their own passing

06

- Individuals who want to provide for the long-term care, education, housing, therapy, and other expenses related to the special needs of a beneficiary

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What is special needs trusts?

Special needs trusts are legal arrangements designed to provide financial support to individuals with disabilities without jeopardizing their eligibility for government benefits.

Who is required to file special needs trusts?

Typically, special needs trusts are established by family members, guardians, or advocates on behalf of individuals with disabilities.

How to fill out special needs trusts?

To fill out special needs trusts, one must gather necessary information about the beneficiary, specify the trust's terms, and ensure it complies with relevant laws, ideally with the assistance of a qualified attorney.

What is the purpose of special needs trusts?

The purpose of special needs trusts is to provide for the supplemental needs of individuals with disabilities while preserving their eligibility for public assistance programs.

What information must be reported on special needs trusts?

Information such as the identity of the beneficiary, the trust's terms, and any distributions made from the trust must be reported.

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