Using a Special Needs Trust to Assist a Disabled Family Member

Web Admin - Friday, August 10, 2018
Inverness estate planning trust attorneyPeople who have saved money or accumulated assets over the course of their lifetime will often want to pass these assets on to their loved ones, either before or after their death. This is especially true when family members have disabilities or other special needs. However, when providing financial assistance to these family members, it is important to make sure that doing so will not make them ineligible for the public benefits they need to meet their needs. An experienced estate planning attorney can help you protect your loved ones’ interests by establishing a special needs trust.

Benefits of a Special Needs Trust

People with mental or physical disabilities are usually able to receive government benefits such as Supplemental Security Income (SSI) or Medicaid. However, eligibility for these benefits is based on the income earned and assets owned by the recipient; in most cases, a recipient must own no more than $2,000 in assets, and there are also limits on the amount of income they can earn. This means that if a well-meaning family member gives them money or other assets, either through a direct gift or an inheritance, it may make them ineligible for the benefits they need. 

To avoid jeopardizing a disabled person’s ability to receive public benefits, their family members can use a special needs trust (sometimes called a supplemental needs trust). This is a type of irrevocable trust in which the assets will be placed under the control of a trustee, which could be another family member or a financial institution. The trustee will then ensure that the assets are used to provide for the beneficiary’s needs.

There are specific rules that must be followed in special needs trusts. For instance, the trust can only be used to pay for certain expenses related to the beneficiary’s care, such as the costs of medical equipment, caretakers, transportation, or educational expenses. Using funds from a trust to pay for food or housing may make a beneficiary ineligible for public aid. 

Contact a Schaumburg Trust Attorney

Since a disabled person will often need assistance throughout their entire life, it is important to ensure that trusts are set up in a way that will provide them with the resources they need for many years to come. An Arlington Heights estate planning lawyer at Drost, Gilbert, Andrew & Apicella, LLC can help you create a special needs trust that meets your loved one’s needs, and we can help you address any other estate planning needs, ensuring that you can provide for your family both before and after your death. Contact us at 847-934-6000 to arrange a personalized consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.


Recent Posts


School Visitation Rights Act crossover accidents traumatic brain injury life insurance policy Chicago traffic lawyer marijuana Illinois trusts attorney Long Grove estate planning attorney Schaumburg employment law attorneys personal injury accidents drug crime mass shooting Mount Prospect elder law attorney insurance agent negligence vacation home insurance attorney Palatine employment attorney car accident lawyer Illinois car accident attorney medical marijuana pay when paid contract job lawyers Buffalo Grove insurance claim dispute lawyers Palatine corporate attorney car accident Buffalo Grove medical malpractice lawyers Illinois workplace discrimination attorney Illinois insurance claims lawyers Crystal Lake criminal defense attorney Crystal Lake estate planning lawyer criminal law trustee Illinois lawyer drug crimes lawyer Illinois workers compensation lawyer employment law, Illinois employment laws Des Plaines personal injury lawyer Kenilworth estate planning attorney Chicago attorney Palatine Attorney Class A misdemeanor Rolling Meadows insurance attorney criminal defense Crystal Lake employment lawyer Des Plaines drug lawyer Palatine insurance lawyer personal injury lawyer bike accident senior citizens insurance claim delay Palatine employment law lawyer traffic crimes Illinois driving without license workers compensation benefits insurance claim denial independent contractor life insurance insurance dispute attorney motorcycle accident lawyer car collision condo boating DUI compensatory time Rolling Meadows employment attorney Illinois workplace lawyer Rolling Meadows insurance lawyer Crystal Lake civil litigation lawyer Illinois registered agent creditors cell phone accidents Exclusions Des Plaines Traffic Lawyer traffic violations defense foreclosed rental property coronavirus Chicago employment attorney social media after death Schaumburg employment attorney distracted driving accidents license license reinstatement sole proprietorship Des Plaines real estate lawyer denial of life insurance cell phone Rolling Meadows litigation lawyer Inverness civil lawyer taxes expungement rent to own real estate contracts holiday statistics insurance dispute Palatine civil attorney pedestrian accident BAIID Chicago will attorney insurance claim contracts condo association internet Illinois estate planning attorney Crystal Lake traffic lawyer Federal Food Drug and Cosmetic Act rollover accidents Illinois Rolling Meadows employment law attorneys driving comparative negligence Rolling Meadows Attorney Des Plaines personal injury attorney BUI Illinois Trust Code Thanksgiving Buffalo Grove car accident lawyer Palatine civil litigation lawyer Illinois insurance claim dispute lawyers Schaumburg real estate lawyer Rolling Meadows insurance dispute lawyers, insurance dispute Barrington estate planning lawyer Palatine elder law attorney Palatine personal injury lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Barrington business law firm traffic accidents healthcare Illinois estate planning insurance claim denials estate planning new real estate form Forcible Entry marijuana crimes attorney Crystal Lake medical malpractice law firm Arlington Heights real estate lawyer Arlington Heights personal injury attorney loopholes medical malpractice compensation preventable medical errors Inverness real estate lawyer ACA denied insurance claims Chicago corporate attorney civil litigation Home Sale Contingencies car crash injuries Illinois wrongful termination lawyer Illinois red light cameras employment law medication errors Inverness estate planning lawyer Illinois real estate Chicago estate planning lawyer Chicago insurance claim attorneys IRA benefits mortgage Arlington Heights wills and trusts attorneys loss of consortium pregnant women Arlington Heights pedestrian accidents drunk driving statistics insurance claim dispute attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, Inverness personal injury attorney Rolling Meadows criminal attorney denied insurance claim DUI Barrington estate planning attorney Rolling Meadows attorney fees living trust benefits underage DUI Illinois employment law attorneys Illinois employment law disability benefits wage theft Buffalo Grove corporate attorney Illinois job attorney small business controlled substance Illinois will lawyer Illinois personal injury lawyers Schaumburg drug defense lawyer head on collisions brain injury Illinois DUI attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys murder defense guardianship attorney Barrington personal injury lawyer automated cars commercial real estate Schaumburg personal injury lawyer child safety rumble strips paid sick leave Illinois speeding lawyer Illinois LLC creation Crystal Lake accident attorney trusts Crystal Lake medical malpractice attorneys Rolling Meadows employment law attorney probate lawyer Arlington Heights employment law attorneys probate process construction contracts rest breaks Palatine criminal defense lawyer DUI attorney corporate law Rolling Meadows personal injury attorney Inverness elder law lawyer Schaumburg Illinois insurance disputes Illinois business lawyer traffic offenses Colin H. Gilbert elder law probate Detainer Actions anesthesia errors Chicago lawyer Chicago employment lawyer business litigation Illinois employment law firm estate planning lawyer Rolling Meadows accident lawyer Crystal Lake personal injury attorney liens real estate attorney Rolling Meadows traffic law firm Deer Park traffic lawyer Illinois traffic ticket lawyer insurance denials traffic laws real estate contract Inverness corporate attorney Arlington Heights estate planning attorney Inverness DUI lawyer Arlington Heights wills and trusts lawyer liability claims Mt Prospect Attorney Illinois insurance claim dispute lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers fatal car accidents installment contracts Long Grove real estate attorney field sobriety test trench injuries sexual images Des Plaines collections attorney defective products lawyer murder dram shop law estate planning trusts Buffalo Grove probate lawyer Inverness traffic law firm Barrington attorney Rolling Meadows probate lawyer personal injury claims Schaumburg traffic lawyer Arlington Heights wills and trusts lawyers Illinois traffic laws Buffalo Grove injury lawyer Illinois living will Palatine injury attorney Barrington drug crime attorney Rolling Meadows car accident lawyers personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Rolling Meadows traffic attorney probate fees Buffalo Grove traffic attorney breathalyzer test Illinois tax attorney Buffalo Grove law firm in terrorem provision Illinois traffic attorneys Illinois probate lawyer Des Plaines criminal attorney Mount Prospect real estate lawyer medical research natural gas Illinois insurance dispute lawyers Illinois Probate Act of 1975 investment property surgical mistakes products liability fiduciary rule delay special needs trust Food and Drug Administration's Food Safety Modernization Act capital gains tax low-ball insurance settlement Schaumburg injury lawyer South Barrington real estate attorney Kenilworth estate planning attorneys Illinois Transfer on Death Instrument DUI penalities Schaumburg wrongful death attorney Illinois jet ski accident lawyer FMLA employment contract Barrington civil litigation attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, personal injury law firm Illinois employee rights attorney. reckless homicide employee rights Palatine drug lawyer Deer Park workers compensation lawyer Transfer on Death Instrument Schaumburg estate planning lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, workplace sexual harassment commercial leases Des Plaines drug crimes lawyer comp time estate planning for college students TBI Arlington Heights lawyer IRELA federal regulations for LLCs food poisoning living trust vs will IRA trust transfer fiduciary rule underinsured motorist wills and trusts car accident lawyers vacation home fines Illinois medical malpractice claim Barrington boating accident attorney estate planning attorney ObamaCare Home Remodeling Repair Act Rolling Meadows business lawyer spinal cord injury ken apicella workers comp Legal Info estate tax Crystal Lake employment attorney probate claims process Crystal Lake tax lawyer Des Plaines claims law firm trucking accidents license suspension Arlington Heights personal injury lawyer construction accidents preventing accidents Barrington employment law attorney Illinois Workers’ Compensation Commission GM ignition switches Illinois personal injury living wills construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation insurance disputes DGAA Joliet general practice lawyers Illinois rollover accident lawyers Schaumburg estate planning attorney Illinois collections attorney Arlington Heights Traffic Lawyer Schaumburg medical malpractice lawyer college kids pedestrian accidents Arlington Heights car accident lawyer Buffalo Grove traffic lawyers Des Plaines motorcycle accident attorney real estate attorneys privacy laws Arlington Heights traffic attorney Rolling Meadows personal injury lawyer Barrington medical malpractice lawyers Rolling Meadows criminal lawyer Long Grove estate planning Illinois Human Rights Act Illinois attorney Rolling Meadows real estate attorney deed transfer owner responsibility insurance claims South Barrington real estate lawyer consent to a search Arlington Heights medical malpractice lawyer motorcycle accident Des Plaines real estate attorney distracted driving accident victims Illinois criminal defense attorney Illinois personal injury attorney Illinois personal injury lawyer Arlington Heights tax lawyer texting while driving Palatine workers compensation lawyer Deer Park real estate law firm employee discrimination involuntary manslaughter workers compensation digital information Riverwoods estate planning lawyer personal injury claim landlord tenant law Crystal Lake pet attorney pedestrian injuries, pedestrian fatality Illinois injury lawyer homestead rights advance healthcare directive Rolling Meadows tax attorney Family Medical Leave Act Des Plaines medical malpractice attorney Jay Andrew texting and driving digital assets Des Plaines Palatine corporate law attorneys Des Plaines insurance attorney golf accidents unpaid assessment federal crimes Deer Park accident attorney Retaliatory Discharge life insurance lawyer car crashes estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace CAM employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Arlington Heights Attorney Illinois insurance lawyer Illinois home inspection speeding power of attorney for healthcare Schaumburg criminal law attorney Barrington criminal lawyer financial advisors living trust insurance denial appeals revenge porn Illinois traffic accident lawyer Chicago trucking accident attorney Rolling Meadows boating crash lawyer probate claims gift taxes Super Mario Arlington Heights wills and trusts attorney Deer Park medical malpractice attorney wills Inverness accident lawyer Palatine punch death employment attorney Illinois boating accident lawyer Des Plaines accident attorney Schaumburg personal injury lawyers real estate commercial leasing Barrington employment attorney meal breaks Illinois corporate lawyer Schaumburg estate attorney Illinois defective products attorney Schaumburg probate attorney cell phone tower data Illinois pet lawyer Rolling Meadows Traffic Lawyer Schaumburg construction accident lawyer Palatine business attorney liability Rolling Meadows personal injury lawyers whistleblower protections Illinois wills and trusts attorneys Arlington Heights criminal lawyer medical malpractice claims Chicago estate planning Illinois Wage Payment and Collection Act Arlington Heights insurance attorney Buffalo Grove real estate attorney employee misclassification Self-Directed IRA Accounts Schaumburg criminal attorney truck collisions IRS trucking accident lawyers underfunded trust personal injury product liability life insurance claims Barrington Traffic Lawyer murder charges estate attorney Illinois insurance claim attorney Palatine probate lawyer llinois Real Estate Lawyers Association Crystal Lake will lawyer DNR Barrington litigation attorney Illinois trucking safety Arlington Heights accident attorney swimming pools real estate zoning Employment Discrimination Law landlord insurance claim dispute Illinois estate planning law firm Des Plaines DUI attorney dynasty trusts traumatic brain injuries caregiver Schaumburg car accident attorney work unions pain and suffering pet law FSLA Barrington real estate lawyer institutional trustee problem employees Rolling Meadows drug defense attorney employment lawyer Crystal Lake law firm irrevocable trust jet ski car accidents Rolling Meadows estate planning attorney Long Grove estate planning attorneys wrongful termination Barrington personal injury attorney Schaumburg personal injury attorney Fair Labor Standards Act Illinois employment lawyer Rolling Meadows marijuana attorney manufacturing Deer Park criminal attorney bicycle dooring accidents subcontractor Crystal lake insurance dispute attorney Illinois civil litigation lawyer overtime violations Whistleblower Claims car crash digital evidence Illinois elder law attorney hands free device agent startup company Schaumburg insurance lawyers civil litigation attorney Arlington Heights trucking lawyer power of attorney natural gas explosion residential real estate Illinois employment attorneys Deer Park personal injury lawyer Crystal Lake personal injury lawyer jet ski accidents unpaid overtime Deer Park motorcycle accident lawyer Barrington criminal defense lawyer boating under the influence Illinois workers compensation attorney Palatine employment lawyer Chicago insurance law firm operating agreements eluding a police officer real estate leasing healthcare claims Buffalo Grove personal injury lawyer POA Illinois small business Rolling Meadows medical malpractice lawyers Illinois insurance attorney dealing with problem employees criminal privacy civil rights violation first degree murder Crystal Lake bike accident lawyer Illinois employment law attorney hiring employees Illinois real estate lawyer bad faith insurance claims real estate closing real estate lawyer Illinois medical malpractice attorney estate plan Schaumburg elder law lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, caretaker rights Crystal Lake business law attorneys severance agreements filing a medical malpractice claim uninsured motorist Crystal Lake car accident lawyer Fourth of July Chicago biking tips Deer Park employment law attorney Barrington Illinois estate planning lawyer bicycle accidents Attorney Ken Apicella Illinois mortgages Crystal Lake insurance lawyer drug crimes Palatine estate planning lawyer Chicago car accident lawyer slip and fall accidents Illinois pedestrian accident attorney Buffalo Grove criminal defense lawyer Barrington injury attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Palatine traffic lawyer Illinois Sales Representative Act Buffalo Grove personal injury attorney Barrington employment law firm Schaumburg civil litigation attorney Schaumburg corporate attorney back injuries PTSD health insurance dispute Crystal Lake traffic attorney Affordable Care Act breach of contract Illinois wills and trusts digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers drug possession employees LLCs elder abuse Arlington Heights TBI attorney Schaumburg Attorney accidental death benefits minimum wage Long Grove wills and trusts attorneys overtime pay fault based insurance Colin Gilbert Des Plaines civil attorney Long Grove real estate lawyer income distribution deducation Mount Prospect wills and trusts lawyers Des Plaines pet law attorney Buffalo Grove employment lawyer hit and run accident pizza emoji defective products Illinois bicycle safety rollover car crashes criminal record insurance adjusters trust payments drunk driving Crystal Lake pedestrian accident lawyer icy parking lots Crystal Lake injury attorney personal injury attorney Crystal Lake car accident attorney Kenilworth estate planning lawyer Crystal Lake medical malpractice lawyer Illinois medical malpractice lawyers no contest clauses Do Not Resuscitate Des Plaines tax law firm forming a corporation in Illinois pet bites foreclosure clemency Crystal Lake employment law attorney Rolling Meadows corporate lawyer Palatine trusts lawyer Inverness insurance attorney dog bites Illinois Smoke Detector Act suspended license Palatine real estate lawyer blended families Liquor Control Act changes to mortgage law Arlington Heights injury attorney Deer Park traffic accident attorney premises liability slip and fall Des Plaines injury law firm Illinois business law atorneys license revocation Illinois construction accident attorney Arlington Heights employment attorney traffic violations Policy Cancellation Illinois medical malpractice case blood alcohol content DUI defense spinal cord injuries Palatine law firm Arlington Heights car crash attorneys Landlord Tenant Ordinance appealing an insurance claim BAC traffic deaths Illinois law modern family estate planning Palatine construction attorney trauma after an accident right to work drugs Illinois employment laws pedestrian-automobile accident Palatine traffic accidents DMV home inspection lawyer auto accidents traffic tickets Deer Park DUI lawyer Inverness probate lawyer unauthorized overtime wrongful death Inverness real estate attorney Inverness injury lawyer nursing home negligence unfunded trust insurance negligence Rolling Meadows DUI lawyer Illinois traffic attorney sexual harassment Illinois motorcycle accident lawyer Des Plaines personal injury lawyers insurance agents Rolling Meadows insurance dispute lawyers boating accidents tax attorney deadly crashes medical malpractice Barrington workers compensation attorney