How do I establish a trust for a handicapped child with special needs without jeopardizing governmental aid?
A trust is usually the best way to manage property transferred to a handicapped child since the trustee can be given the discretion and flexibility to deal with the child s special problems and needs. One frequently expressed concern of the parents is whether the assets of the trust established for the benefit of a handicapped child may be depleted in whole or in substantial part by the state to meet the child s support costs or whether the trust assets or distributions will disqualify the child from continuing to receive other types of state or federal aid. As a result, any trust for a handicapped child must be designed with these special considerations in mind. The two most important factors in establishing a trust for a handicapped child are the selection of the trustee and granting the trustee sufficiently broad discretion to enable the trustee to meet the special problems that are associated with such a child s care. In some cases, an individual trustee may be appropriate – – in o