Special Needs Trust

Planning for a family member with special needs is both a responsibility and a profound act of care. At Burgess & Christensen, we’ve been working with Georgia families for over 40 years to ensure that their loved ones’ futures are protected. Our team understands the challenges you face and offers thoughtful guidance to help you secure your family member’s financial well-being through a Special Needs Trust (SNT).

Why a Special Needs Trust Matters

A Special Needs Trust is a legal arrangement that allows a person with disabilities to receive financial support without risking their eligibility for essential government benefits like Supplemental Security Income (SSI) and Medicaid. These trusts are designed to cover supplemental needs, such as medical expenses, educational opportunities, or recreational activities while preserving access to critical programs.

Think about this: if your family member receives an inheritance or settlement, it could unintentionally disqualify them from the benefits they depend on. A Special Needs Trust ensures that any assets set aside for their care won’t interfere with these programs. By creating an SNT, you’re taking a crucial step to secure their future.

Types of Special Needs Trusts

Choosing the right type of trust can feel overwhelming, but understanding the basic options can make the process more manageable. Special Needs Trusts are tailored to fit different circumstances, and we’re here to guide you in selecting the one that’s right for your family.

First-Party Special Needs Trusts

• Funded using the beneficiary’s own assets, such as an inheritance or settlement.
• Includes a Medicaid payback provision, meaning Medicaid may recover funds after the beneficiary’s passing.

Third-Party Special Needs Trusts

• Created and funded by someone other than the beneficiary, such as parents or grandparents.
• Does not require a Medicaid payback, offering greater flexibility in estate planning.

Pooled Trusts

• Managed by a nonprofit organization and pools resources from multiple beneficiaries.
• A practical option for families with smaller amounts of assets to allocate.

Each type of trust has unique advantages, and our team will help you determine which is the best fit for your situation.

Benefits of a Special Needs Trust

When planning for a loved one’s future, a Special Needs Trust provides financial stability and peace of mind. Here’s how these trusts make a difference:

• Preserving Government Benefits: An SNT ensures that assets won’t disqualify your loved one from needs-based programs like SSI or Medicaid.
• Enhanced Quality of Life: Funds in an SNT can be used for items and services that improve your family member’s quality of life, such as therapies, vacations, or hobbies.
• Peace of Mind: Knowing that your loved one’s future is secure provides reassurance that their care and financial support are protected, even when you’re no longer there to oversee it.
• Flexibility and Control: An SNT allows you to outline specific uses for the funds, ensuring that they meet your loved one’s unique needs.

How We Can Help

Creating a Special Needs Trust can feel complicated, but you don’t have to do it alone. Our team is here to walk you through every step, ensuring the trust reflects your loved one’s unique needs and secures their future.

Creating a Customized Trust

We work closely with families to draft trusts that align with their goals and priorities, ensuring every detail reflects their loved one’s needs.

Preserving Government Benefits

We’ll help you navigate the rules surrounding government programs to ensure that your loved one remains eligible while benefiting from the trust.

Why Choose Burgess & Christensen?

Choosing the right legal team to help with your Special Needs Trust is an important decision. Here’s why families across Georgia trust Burgess & Christensen:

Decades of Experience

With over 40 years of focused practice in Disability Law and related areas, we’re uniquely positioned to guide families through special needs planning.

Personal Attention

Every family’s situation is different. We take the time to listen to your concerns and craft solutions that meet your loved one’s unique circumstances.

Proven Success

Our team has a track record of helping families enhance the quality of life for their loved ones. Families across Georgia trust us to handle their most important legal matters with care and precision.

Take the First Step Today

Don’t leave your family member’s future to chance. Contact Burgess & Christensen today to schedule a free consultation. Together, we’ll create a Special Needs Trust that secures their well-being and gives you peace of mind.

Call us at 470-323-8948 or fill out our online contact form to get started.