Q1: What is special needs planning?
A: Special needs planning involves creating legal and financial strategies to provide for a loved one with a disability without jeopardizing their eligibility for essential government benefits like Medicaid (MassHealth) or Supplemental Security Income (SSI). At Boyd & Boyd, P.C., we help families build plans that protect loved ones while preserving independence and dignity.
Q2: What is a Special Needs Trust (SNT)?
A: A Special Needs Trust (SNT) is a specialized trust designed to hold and manage assets for the benefit of a person with a disability without disqualifying them from means-tested government programs. The trust can pay for extras like medical expenses, therapies, education, transportation, and recreation — enhancing the beneficiary’s quality of life while preserving vital benefits.
Q3: When should I set up a Special Needs Trust?
A: Ideally, a Special Needs Trust should be established as early as possible, especially if:
- A child is diagnosed with a lifelong disability
- A family member plans to leave an inheritance to a disabled individual
- There is a lawsuit settlement or insurance payout
Planning early allows greater flexibility, protects assets immediately, and avoids costly mistakes that could jeopardize benefits.
Q4: Can I leave an inheritance directly to a disabled child?
A: You can — but doing so could unintentionally disqualify them from critical benefits. Direct inheritances are counted as resources for Medicaid and SSI eligibility purposes. Instead, assets should be left to a properly structured Special Needs Trust to protect eligibility and provide ongoing support.
Q5: How can Boyd & Boyd, P.C. help with special needs planning?
A: We help families design comprehensive plans that combine Special Needs Trusts, coordinated estate planning, and long-term financial strategies. Our approach ensures that your loved one receives the care and support they need without losing access to essential government programs.
Should Ask Questions (SAQs)
Q1: What’s the difference between a first-party and a third-party Special Needs Trust?
A: A first-party SNT is funded with the beneficiary’s own assets (such as a lawsuit settlement or inheritance) and is subject to Medicaid payback rules after death. A third-party SNT is funded with assets from parents, grandparents, or others — and typically avoids Medicaid payback. We help clients select the right type of trust based on their circumstances.
Q2: What can a Special Needs Trust pay for?
A: A Special Needs Trust can pay for supplemental needs not covered by government benefits, including:
- Medical and dental care
- Personal care attendants
- Education and training
- Transportation
- Travel and recreation
Trustees must manage distributions carefully to preserve eligibility. Boyd & Boyd, P.C. offers guidance to both families and trustees on proper administration.
Q3: Who should serve as the trustee of a Special Needs Trust?
A: Choosing the right trustee is critical. The trustee must understand benefit eligibility rules, manage investments prudently, and act in the beneficiary’s best interest. Some families appoint trusted relatives; others use professional or corporate trustees. We help clients evaluate their options to find the best fit.
Q4: Can I include instructions about my disabled child’s care in my plan?
A: Yes — and you should. A Letter of Intent can accompany your Special Needs Trust to provide caregivers and trustees with detailed guidance about your loved one’s needs, preferences, routines, and goals. We help families create customized Letters of Intent to ensure continuity of care and support.
Q5: What happens if I don’t plan ahead for my disabled family member?
A: Without proper planning, a disabled loved one could lose access to vital benefits, have their inheritance quickly depleted, or require costly guardianship proceedings. Special needs planning ensures your family member is protected, financially secure, and cared for — now and in the future.
Give your loved one the future they deserve — and the peace of mind you need.
Schedule a confidential consultation with Boyd & Boyd, P.C. to create a personalized special needs plan that protects benefits and enhances quality of life.
Book Your Special Needs Planning Consultation or Request Our Free Special Needs Planning Guide.
