Supplemental Needs Trust

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Supplemental Needs Trust

What is a Supplemental Needs Trust?

A Supplemental Needs Trust (SNT) is a trust account created for individuals with disabilities to provide them with services or products that enhance their quality of life but which might not be covered by government programs, charities or medical insurance policies.

Why a Supplemental Needs Trust?

The disabled often receive government  services or benefits; however, these sources typically contain many gaps that greatly reduce the possibility of the primary beneficiary's maintaining him or herself as independently as possible.

The Supplemental Needs Trust has the capacity to meet the primary beneficiary’s future needs for residential, personal, and other nonmedical services that are not otherwise available and can be used in ways that will best enable the primary beneficiary to lead as normal, comfortable, and fulfilling a life as possible.

Finding the Right Lawyer

The SNT must conform to state law and must further comply with Supplemental Security Income rules. There are additional restrictions or conditions involving distribution of income, age requirements, personal injury awards, and public benefit regulations and payback provisions, among others.

In this regard, finding an experienced attorney who specializes in estate planning for persons with special needs is a crucial first step for a family to establish a comprehensive life care plan for their disabled child or relative.

Typical Applications of an SNT Include:

• Dental care
• Plastic, cosmetic surgery or non-necessary medical procedures
• Psychological support services
• Recreation and transportation
• Differentials in cost between housing and shelter for shared and private rooms
• Supplemental nursing care and similar care, including payments to those providing services in the home
• Electric wheelchair and other mobility aids
• Periodic outings and vacations, including costs incurred by caretaker companions
• More sophisticated medical, dental, or diagnostic treatment, including experimental treatment, for which there are no funds other-wise available
• Telephone and television services, including cable TV
• Medication or drugs prescribed by a physician otherwise covered
• Hair and nail care
• Private rehabilitative training
• Drugs and/or alcohol treatment
• Payments to bring in family and friends for visitation as the trustee deems  appropriate

The Who's Who of Trust

Grantors:
Usually the parents (but can also be the grandparents, legal guardian, disabled individual, or his or her spouse).  The Grantor provides the assets of the Trust.

Trustee:
The Administrator of the Trust.  The person in charge of the “corpus,” or body, of the Trust.

Beneficiary:
The disabled person who receives the benefits.

Remainderman:
The person or institution that receives the corpus if the beneficiary dies.

For further information on Supplemental Needs Trusts and other estate planning strategies, contact Geoffrey Long at 718-442-2022 or longlaw@aol.com.