Special Needs Trust Planning
“Caring for someone with special needs isn’t just about today—it’s about all the tomorrows you may not be here to see. A Special Needs Trust becomes the gentle hands that continue the care, ensuring they’re provided for without losing the vital benefits that help them thrive.”
A Special Needs Trust is one of the most important ways to protect a loved one with a disability. It allows you to set aside money for their future—covering housing, therapy, education, caregiving, transportation, and other quality-of-life needs—without jeopardizing important government benefits like SSI or Medi-Cal. Since these programs have strict asset and income limits, leaving money to your loved one directly could unintentionally disqualify them. A Special Needs Trust keeps their benefits safe while still providing long-term financial support.
A lifetime of support for the person who needs it most.
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Beyond financial protection, this type of trust brings peace of mind. It ensures that your loved one will always have someone managing funds responsibly, advocating for their needs, and providing continuity of care long after you’re gone.
Our goal is simple: to help you create a plan that protects your loved one today and gives them security, stability, and dignity for the rest of their life.
Different Ways to Protect a Loved One with Special Needs
First-Party (Self-Settled) Special Needs Trust
Funded with the beneficiary’s own money—often from a personal injury settlement, an inheritance received directly, or assets in their name. It protects benefits but requires that any remaining funds repay Medi-Cal when the beneficiary passes.
Example:
A young woman with a developmental disability receives a large settlement after an accident. To keep her Medi-Cal and SSI, her parents place the settlement into a First-Party Special Needs Trust so it can be used for her care without losing benefits.
Pooled Special Needs Trust
Managed by a nonprofit organization, this trust “pools” the funds of many beneficiaries for investment purposes while keeping everyone’s money in separate accounts. It’s often a good choice when the amount being set aside is modest or when no family member is available to serve as trustee.
Example:
An older adult with a disability inherits a small amount from a relative. His sibling places it into a Pooled Special Needs Trust run by a nonprofit, ensuring it is properly managed and preserved for his benefit.
Third Party Special Needs Trust
Created and funded by someone other than the person with the disability—usually a parent, grandparent, or relative. This trust allows you to set aside money for future care, therapies, education, housing support, and quality-of-life expenses without affecting benefits.
Example:
A mother wants to make sure her adult son with autism is cared for after she’s gone. She sets up a Third-Party Special Needs Trust so her savings and life insurance can support him without disrupting his SSI or Medi-Cal.
Minor’s or Standalone Special Needs Trust for Future Planning
Parents can create a Special Needs Trust while their child is still young to ensure future inheritances, gifts from family, and life insurance proceeds flow into the trust—not directly to the child. This protects benefits when they reach adulthood.
Example:
Parents of a 10-year-old with Down syndrome set up a Special Needs Trust so that grandparents’ gifts and the parents’ future estate all support their child safely without affecting eligibility for benefits later.
Special Needs Planning Services
We guide families through every step of Special Needs Trust planning. This includes:
Explaining the different types of Special Needs Trusts (First-Party, Third-Party, Pooled Trusts) and which one fits your situation
Drafting a customized trust that meets California and federal rules
Coordinating with financial planners, care coordinators, or family members
Helping you structure your overall estate plan so money flows into the trust the right way
Ensuring the trust is set up properly to preserve SSI, Medi-Cal, and other benefits
Providing ongoing guidance as your loved one’s needs change
