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


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