SPECIAL NEEDS TRUSTS: GENERAL INFORMATION

The purpose of any special needs trust is to maximize all available resources for the benefit of an individual with disabilities. The objective is to allow the beneficiary of the trust to become or remain eligible for means-tested public benefits like Medicaid (MaineCare) and Supplemental Security Income (SSI). The public benefits provide for the individual's basic needs like food, shelter, and medical care. The assets held in the special needs trust supplement - rather than supplant - the government benefits and provide goods and services to improve the quality of life for the individual with disabilities.

The following articles introduces three types of special needs trusts: the third party special needs trust, the self-settled (d)(4)(A) trust, and the self-settled (d)(4)(C) trust.

• Third Party Special Needs Trusts: Planning to Protect a Loved One with Special Needs
   

• Self-Settled Special Needs Trust Under 42 U.S.C. §1396p(d)(4)(A): Protecting Public Benefits and the Personal Injury Settlement, Inheritance or Windfall for an Individual with Disabilities
   

• Self-Settled Special Needs Trust Under 42 U.S.C. §1396p(d)(4)(C): Introduction to the Maine Pooled Disability Trust
   

• Termination of and Final Distributions from (d)(4)(A) Special Needs Trusts