Establishing Special Needs Trusts

Experienced Account Administrators

Many clients come to NDC Advisors as a result of experiencing an injury that qualifies them for needs-based government benefits. In fact, these needs-based government benefits may have provided a life-line after their injury to pay for medical care and provide for housing, food or cash assistance. Maintaining needs-based government benefits after receiving a recovery may be important for current or future circumstances. If so, a Special Needs Trust may be a consideration.

NDC Advisors has significant experience administering Special Needs Trusts across the country. Since each state has varying requirements for Special Needs Trusts and the law seems to be constantly changing, it is important to make sure that a Special Needs Trust beneficiary is complying with the law. At NDC Advisors, we work with attorneys across the country to make sure that all options are considered when deciding whether to include a Special Needs Trust in settlement plans. Our experience administering Special Needs Trusts across the country and our network of attorneys helps make sure that each client’s Special Needs Trust remains compliant while providing them with all of the intended benefits.

Special Needs Trusts can provide much flexibility to help a beneficiary improve their quality of life through recreational, therapeutic, technological, educational and other resources. For decades, NDC Advisors has been helping clients to access and enjoy many of the benefits of a Special Needs Trust through full engagement of our internal as well as external resources.

How Can a Special Need Trust Be Used?

A Special Needs Trust can be used to address a beneficiary’s special needs. There is no set list of appropriate items, since each circumstance is different. NDC Advisors’ experience helps us make sure that a Special Needs Trust is available to meet our clients’ immediate and long term needs and goals while being mindful of any needs-based government benefits a client is receiving. We welcome the opportunity to use our experience in the administration of a client’s Special Needs Trust.

  • There are many different ways a Special Needs Trust can be used (so long as it meets the eligibility factors):
  • Education and household expenses
  • Travel expenses
  • Purchasing, constructing, or modifying a home to best accommodate the injured person’s specific needs
  • Home improvement and repairs
  • Transportation/vehicle costs
  • Physical therapy, dental care, medical costs
  • Home care services
  • Entertainment expenses

Special Needs Trusts Eligibility

Working with either a client’s personal attorney or one of the attorneys in our extensive network, we will coordinate a plan which takes into account various scenarios including government benefits and private pay resources. Once all of the information is compiled, clients can make an informed determination about what kind of recovery management and protection account is best, whether it is a Special Needs Trust or some other vehicle. We will also help coordinate the drafting of the document and any Court approval which may be required. Options for clients receiving a recovery continue to develop as there are always new and different opportunities for private insurance and changing regulations impacting each client decision. At NDC Advisors, we can help clients to analyze the available solutions to help in making the important decisions.

Determining what expenditures are appropriate for a Special Needs Trust can be confusing and are often very fact specific and related to a particular client’s circumstances. Clients deserve an account administrator who understands that that life rarely affords great clarity when decisions need to be made and that is comfortable working in the gray areas. Please contact us to discuss how a Special Needs Trust may be able to help you or your family member.

Frequently Asked Questions About Special Needs Trusts

What assets can be placed in a special needs trust?

You can place a variety of assets in a special needs trust, including cash, investments, real estate, and personal property. However, it is important to consult with an attorney to determine which assets are appropriate for your specific situation.

Can a special needs trust be used to pay for long-term care?

Yes, a special needs trust can be used to pay for long-term care expenses that are not covered by government benefits. This can help ensure that your loved one receives the care they need without jeopardizing their eligibility for Medicaid or other programs.

Can a special needs trust be used to pay for personal expenses?

Yes, a special needs trust can be used to pay for personal expenses, such as clothing, food, and entertainment. However, it is important to ensure that these expenses do not exceed the amount that the beneficiary would be eligible to receive in government benefits.

To learn more about our services, including how we can help you to establish a Special Needs Trust, contact our account administrators today at (888) 676-2055.