A Special Needs Trust is a legal tool that allows individuals with disabilities to receive financial support without losing access to essential government benefits like SSI or Medicaid. It ensures that funds are used to enhance quality of life—covering things like education, therapy, transportation, and more—while protecting eligibility for public assistance. At PTM, we help families in Florida create these trusts with care, clarity, and long-term security in mind.
If someone in your life receives government benefits like Medicaid or Supplemental Security Income, leaving money or assets to them can be disastrous. Government benefits often require that the recipient of those benefits not have too many assets or too much income. Thus, if you give that person anything of value, your gift could result in a costly loss of benefits.
PTM Trust and Estate Law
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Gainesville, FL 32607
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This is a major problem for parents of children with special needs. Often, these children will need care all throughout their lives. And parents understandably want to provide for their children, even after death. But how can the parent provide for a special needs child? The answer is that the parent can use a supplemental needs trust.
A supplemental needs trust is a kind of special needs trust. The supplemental needs trust is set up and financed by someone other than the person receiving government benefits. When properly set up, that trust can provide the special needs beneficiary with help without disqualifying them from receiving the government benefits they need.
A supplemental needs trust does far more than just preserve government benefits. When properly set up, a supplemental needs trust can protect the assets in the trust from creditors. This is important, as conmen, scammers, and crooked dealers often prey on the most vulnerable in society. But assets in a well-drafted supplemental needs trust are not available to your child’s creditors. This accomplished through the use of a spendthrift clause in the trust.
The supplemental needs trust is also a way to continue providing care to your children after you are gone. The trust can pay for things that you think your special needs child needs but that are out of reach for government benefits. It can also increase your child’s quality of life.
We are happy to meet with any of our clients in our office located in Gainesville, FL. The office is found off of Tower Road. Please make an appointment for your visit.
We are happy to meet with you either by phone or over zoom if you are not in the Gainesville area. Special Needs Trusts do not require in person conversations with a law firm; we represent clients from all across the state of Florida.
PTM Trust and Estate Law is happy to answer your questions about special needs trusts. Please call 352-554-5576 or contact us online to schedule a free consultation. If you do not live near Gainesville, then we will be happy to schedule a free phone meeting instead. We help clients all throughout the state of Florida.
