Staten Island Estate Planning Law Firm Guiding You Through Special Needs Trusts
Helping you care for your disabled loved ones
A special needs or supplemental needs trust is created for the benefit of a person with a chronic disability. It is intended to help the disabled person pay for their care without losing their eligibility for government benefits. At Armstrong & Lamberti, PLLC, we provide guidance and advice while you create a special needs trust for your loved one.
Experienced attorney answers your questions about special needs trusts in NY
Special needs trusts can be complicated. Our extensive estate planning experience allows us to explain the intricacies of this process.
- Who can create a special needs trust? Anyone with legal responsibility for another person with a disability may become a trustee. The trust is most typically created by parents of disabled children as a way to continue to care for them after the children become adults.
- Who can be the beneficiary of a special needs trust? This type of trust is for a disabled or mentally ill person who lacks the capacity to manage their own finances.
- What is the benefit of this type of trust? People with disabilities often qualify for government assistance in the form of Supplemental Security Income or Medicaid. However, if a person is left a certain amount of money, they may no longer be eligible for these benefits. A special needs trust allows you to manage your loved one’s funds, while avoiding disqualifying them for government benefits.
- What should the trust say? The trust must state that it is intended to provide “supplemental and extra care” in addition to what the government will provide. There should also be language stating that it is not intended to be a basic support trust.
- Do I need a lawyer to create the trust? While you can create a special needs trust by yourself, a knowledgeable attorney can ensure that it is worded properly and set up correctly.
Armstrong & Lamberti, PLLC understands what a special needs trust entails. With our help, you can ensure that your loved ones are being cared for.
Contact our Staten Island law firm to speak to a skilled estate planning attorney today
To schedule a free initial consultation, call Armstrong & Lamberti, PLLC at or contact us online today. From our office in the Corporate Park of Staten Island, we represent clients throughout Staten Island and all the boroughs of New York City.