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A special needs trust is a trust established for the benefit of beneficiaries with disabilities who are entitled to government assistance. The purpose of these trusts is to assist beneficiaries beyond additional assistance without accidentally turning off this "tap" for federal aid.

Building this trust properly is critical because mistakes can result in loss of government aid or fiduciary income. Payment of income and capital must be left to the discretion of the trustee and recipients should not be allowed to act as their trustee. You may navigate to https://elderlawofaz.com/special-needs-planning/ for special needs trust in Arizona.

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Instead, the trust only has to pay for the items that the recipient needs. This is important because any money recipients receive can reduce their extra security income or even result in the loss of Medicaid benefits.

The heir or guardian will ask the trustee to make the distribution. The trustee will assess whether or not to make the distribution and whether the distribution is in the best interests of the beneficiaries. If the trustee approves the distribution, the trustee pays for the goods or services directly from the seller's escrow account.

Protective words should be added to the trust to make it clear that the trustee may not spend income and capital until after receiving and using federal, state, and local public support. Trusts should also include an expense clause to prevent the state from seizing the assets of the trust to reclaim them for its public aid payments.

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