Special Needs Trusts and Guardianship

A special needs trust is created to ensure that disabled or mentally ill beneficiaries can access assets that are legally theirs. In addition to insuring that individuals with special needs can make use of their inheritance, special needs trusts can also prevent beneficiaries with special needs from losing access to government benefits.

Due to the special needs of the beneficiary, a legal guardian, regardless of the beneficiary’s age, usually oversees a special needs trust. Guardians may be either family members or trustees appointed by the Court, and their degree of power over the trust usually depends on the mental ability of the beneficiary. Second to the wording of a special needs trust, establishing responsible guardianship is the most important legal aspect of ensuring that a beneficiary receives his or her benefits as stated by the trust.

A special needs trust serves in two basic capacities: It provides benefits to the  beneficiary and it protects the beneficiary’s assets. To form a special needs trust for your loved one or to establish responsible guardianship over an already existing trust, you should consult with an experienced estate attorney. After reviewing your case, your attorney will advise you on the solution that best meets the beneficiary’s needs.