special needs trust third party

Securing Your Child's Future: The Benefits of a First-Party Special Needs Trust

  • By Franklin Drazen
  • |
  • Posted January 25, 2024

As a parent, ensuring your child's long-term well-being, especially if they have special needs, is paramount. If your minor child receives a settlement due to a lawsuit and requires care throughout their life, it’s crucial to manage these funds wisely. One effective solution is establishing a first-party special needs trust, a tool that a knowledgeable Milford special needs lawyer can help you set up.

Understanding a First-Party Special Needs Trust

A first-party special needs trust is designed to hold assets to benefit a person with special needs. Unlike other trusts, it is funded with the beneficiary’s assets, such as a legal settlement. The key advantage of this trust is that it allows the beneficiary to retain eligibility for government assistance programs like Medicaid and Supplemental Security Income (SSI), which have asset limits.

Why Consider a First-Party Special Needs Trust for Settlement Funds?

If not managed correctly, settlement funds can disqualify your child from vital government benefits. A first-party special needs trust ensures that these funds are used to enhance your child’s quality of life – covering expenses like specialized medical care, therapies, personal care attendants, and other needs – without endangering their eligibility for public benefits.

Setting Up a First-Party Special Needs Trust

Creating a first-party special needs trust involves several critical steps and legal considerations. Collaborating with a Milford special needs lawyer is essential to navigate this process. Your attorney will ensure the trust is structured correctly and meets all legal requirements, providing a secure financial foundation for your child’s future.

Managing the Trust: Roles and Responsibilities

The trustee you appoint to manage the trust plays a crucial role. They are responsible for making prudent financial decisions, ensuring that distributions are made in your child's best interest, and maintaining compliance with legal and regulatory requirements. Choosing a trustworthy and capable trustee is vital for effectively managing the trust.

Long-Term Planning and Peace of Mind

A first-party special needs trust is more than just a financial tool; it’s a cornerstone of your child’s long-term care plan. Knowing that your child’s financial needs will be met without compromising their access to government assistance provides peace of mind. This trust invests in your child’s future, ensuring they have the necessary resources to thrive.

Getting Help

Navigating the management of a settlement for a child who requires lifelong care is a significant responsibility. A first-party special needs trust offers a practical and effective solution, ensuring that your child’s needs are met in a way that secures their future. It’s a decision that can offer profound peace of mind for you and your family.

If your child is receiving a settlement and you need guidance on securing their future, our Milford special needs lawyers are here to help. Contact us at 203-877-7511 to discuss how a first-party special needs trust can provide the financial stability and care your child deserves.

Contact our special needs planning lawyers located in Milford and Harford, Connecticut.