Establishing a special needs trust is one of the best strategies to provide financial security for persons with a disability and/or personal injury victims. A well-drafted special needs trust makes it possible to set aside funds – such as a gift, inheritance, or a legal settlement – for a disabled or injured person without jeopardizing that person’s current or future potential government benefits.

By prohibiting such funds from being used to pay for food, clothing, and shelter – necessities usually covered by government assistance – these funds can be used to supplement government benefits, not replace them. Since the special needs trustee is given sole and absolute discretion over the management and distribution of the funds, such funds can be used to pay for items designed to enhance the quality of life of the beneficiary, such as wheelchairs, handicap-accessible vans, mechanical beds, personal attendants as well as recreational and cultural experiences.

Special Needs Fiduciary Services

Our experience and professional expertise allows us to provide these services:

• Counsel the trustee on tax issues
• Counsel the trustee on public benefits
• Help select a qualified trustee
• Help select financial advisors
• Monitor the trust management
• Advise the trustee on trust distributions without the loss of public benefits
• Educate the family about proper distributions
• Prepare trust and probate accountings
• Serve as a trustee or conservator or guardian

privacy policy | legal disclaimer

copyright © Kearns & Kearns 2005