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Special Needs Trust: A Trust Designed for Your Family's Unique Needs

A special needs trust is an important estate planning tool for families of children with disabilities. A special needs trust not only protects the disabled individual's ability to receive government benefits, it also ensures the assets are managed appropriately when the parent or other loved one is no longer able to assist the child.

With an office in Dedham, Law Office of Michael F. Cuddy will help you create a special needs trust that ensures your loved one's needs are met after your death. For more than 25 years, our special needs trusts attorneys have assisted individuals and families throughout Massachusetts with their unique estate planning needs.

Protect Your Loved One's Future

In order to be eligible for MassHealth, a person must have less than $2,000 in assets. If a person with disabilities receives a large sum of money as a gift or inheritance, he or she could lose eligibility for government programs such as SSI, SSDI or MassHealth. A special needs trust can be created by parents or other loved ones to provide for the needs of the disabled individual while protecting his or her ability to receive government benefits.

A special needs trust can be funded by the assets of the individual with disabilities or with the assets or life insurance of another person. The assets that are included in the trust are distributed to the beneficiary at the discretion of a trustee. The trust can be used to fund only services and items that are not covered by a benefits program, including:

  • Entertainment
  • Travel
  • Cosmetics and personal care items
  • Restaurant food
  • Medical treatments not covered by a government program

A special needs trust can also be used to distribute assets before a person goes into a nursing home. Unlike other types of trusts, a special needs trust can be set up at any time without being subject to a MassHealth look back or ineligibility period. Once the assets are put into the special needs trust, the nursing home will not have access to the funds.

Contact Our Attorneys About Special Needs Planning

Our lawyers will help you create a special needs trust that meets the needs of your family now and in the future. To schedule a free consultation, contact us online, or call our Dedham office at 781-536-5255.

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