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. - 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 someone with special needs. - Obligation to Pay Child Support Not Eliminated for Creation of Special Needs Trust (N.J. App.) (Lien Resolution Group – 1/5/12)
The appeal addressed the issue of whether the creation of a special needs trust can justify the elimination of the obligation to pay child support to the primary residential parent of a special needs child. The appellate court concluded that while a party may utilize a special needs trust to take advantage of government programs to lessen the burden on the parent to provide support and medical assistance, the facts of the case did not support a concurrent application to eliminate child support. Bond v. Bond*, Unpub. Opinion, N.J. Super., A.D., 2011 WL 6412137 (December 22, 2011) *A copy of the full case can be obtained with the permission of the Superior Court of New Jersey, Appellate Division. (see Leagle for published case) - 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."
More PEKD Advocacy pages about Special Needs Trusts:
