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Special Needs Trusts

WHOM IS IT FOR?: Individuals who wish to make a gift to someone whom is (or may become) dependent upon Supplemental Security Income ("SSI") and/or Medi-Cal for income or medical needs and who might lose those benefits if they receive an inheritance outright.

A Special Needs Trust is a trust which contains many restrictions in order to satisfy the rules of Medi-Cal and SSI.

Many families have members who are either born with special circumstances or, as a result of an accident or health issues, become dependent upon SSI and/or Medi-Cal for income or medical needs.

These programs and others are "needs-based." That means that in order to qualify, the person with the need must meet certain asset or resource restrictions (they can only have a certain amount of money or other assets) and income restrictions. If this person receives an inheritance, it likely will disqualify them from the benefit programs for a period until they re-qualify.

The purpose of a Special Needs Trust is to provide the resources to meet the needs of the individual which are not covered by the programs they are on, without disqualifying them from these programs.

A Special Needs Trust can be created within your living trust (i.e., your Standard Trust, A and B Trust, or A/B/C Trust), or it can be a separate "stand-alone" trust to which you and others can contribute.

To view a short video by Long Beach Estate Planning Attorney John T. Anderson on the different types of trusts prepared by The Law Office of John T. Anderson, including Special Needs Trusts, Click Here.

Contact our office to schedule an appointment to discuss if a Special Needs Trust is right for your situation.

DISCLAIMER: The information contained in this website is intended to inform the reader, generally, of issues in California estate planning, trust, and probate law and is not to be the final resource, and should not be considered legal advice. The information is not intended to be all-inclusive. To obtain detailed information or advice regarding a specific legal problem, you should contact a qualified attorney in your geographic area and state. Although attorneys John T. Anderson, Lisa R. Norman, Erin M. Anderson, and John T. Anderson, Jr. (“Attorneys”) intend that this website be correct, complete, and up-to-date, they do not guarantee it to be. It is not intended to be a source of legal advice, thus the reader must seek out specific advice, from competent counsel. Attorneys do not intend links on this website to be referrals or endorsements of the linked entities. Sending e-mails to John@trustlaw.ws or other e-mail addresses associated with attorneys or staff at The Law Office of John T. Anderson does not create, and receipt does not constitute, an attorney-client relationship. No representation is made that the quality of the legal services provided by Attorneys exceeds that provided by other lawyers. To the extent that this website is deemed an “advertisement,” Attorneys advertise only in California and do not seek to represent a person based solely on that person’s visit to this website. Attorneys are licensed to practice law only in California and are willing to appear in courts only in California. Attorneys maintain one office located in Long Beach, California.

The Law Office of John T. Anderson
1741 E. Wardlow Rd., Long Beach, California 90807

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