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


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