Special Needs Trusts
Special Needs Trusts
Publications re: Special Needs Trusts
- Administering a Special Needs Trust – A Handbook for Trustees (2008 Edition)
"Special Needs" trusts are complicated and can be hard to understand and administer. They are like other trusts in many respects – the general rules of trust accounting, law and taxation apply – but unlike more familiar trusts in other respects.
- Begley POMS changes box – SOCIAL SECURITY CHANGES POMS RELATING TO
SELF-SETTLED SPECIAL NEEDS TRUSTS
by Thomas D. Begley, Jr.
- Frequently Asked Questions About Special Needs Trusts
Answers to typical questions from clients about special needs trusts requirements and qualifications.
- Key Decisions in Setting Up a Special Needs Trust (Special Needs Answers – Sept. 2008)
Although it may sound complicated, at heart a special needs trust is merely a trust established for the benefit of
- Planning with Special Needs Youth Upon Reaching Majority: Education and Other Powers of Attorney
An education power of attorney as an appropriate, but simple planning tool for an adult, mentally competent, disabled child.
- Qualified Disability Trusts (Ciota, Starr & Vander Linden – 2/13/08)
Since tax year 2002, trustees of certain trusts for disabled indivdiuals have been able to claim the same personal exemption that an individual may claim.
- Special Needs Alliance – The Voice Newsletter (Jan. 2009)
Providing information and answers about special needs planning for family members and professionals.
- Special Needs Planning or Life Care Planning Resources (Christopher & Dana Reeve Foundation)
A list of contacts and websites with information related to special needs planning.
- Special Needs Trusts Can Help Families Meet Financial Needs (Aiken Standard – 1/10/09)
One of the best ways to deal with the financial needs of the disabled or handicapped person is through a special needs trust.
- Third-Party Special Needs Trusts vs. First-Party Special Needs Trusts (JD Supra)
There are two types of special needs trusts – one designed to hold assets gifted or bequeathed to a person with special needs from a third party (a “Third-Party Special Needs Trust”), and one designed to hold assets that are already deemed to be owned by that person with special needs (a “First-Party Special Needs Trust”).
- What is a "Qualified Disability Trust" for Federal Income Tax Purposes? (Ron Landsman & Robert Fleming)
Info regarding a small tax benefit for some disabled individuals.
- Worst Mistakes Made in Planning and Drafting SNTs (Academy of Special Needs Planners – 7/14/08)
From the National Academy of Elder Law Attorneys Symposium, info on a presentation that focused on "The Top Worst Mistakes Attorneys and Trustees Make When Planning, Drafting or Administering Special Needs Trusts."
- Section 8 & Special Needs Trust (Blaine Brockman – 6/3/15)
Section 8 and its interaction with special needs trusts has always been an uneasy and uncertain relationship. There are no express regulations or laws that exempt special needs trusts from the financial tests for Section 8 availability.
Some Public Housing Agencies will treat SNT disbursements one way and others will treat them the opposite way. There has been little judicial guidance in this murky area. However, a recent case from Massachusetts DeCambre v. Brookline Housing Authority, has discussed these issues.
Allow Blaine Brockman to inform us of the current state of the law and how the DeCambre case fits within the advice we provide to our clients.