First-party
(d)(4)(A) trusts
Funded with the disabled person's own assets. Strict state and federal criteria apply, including a Medicaid payback provision on death.
Provide for a child or loved one with a disability without costing them their public benefits.
The first step is recognizing which benefits your loved one receives now, or may receive later: SSI, Medicaid, federally assisted housing, SNAP, DDD services paired with Medicaid, or a group home placement. The right trust protects those benefits while still providing for the person you love.
Funded with the disabled person's own assets. Strict state and federal criteria apply, including a Medicaid payback provision on death.
Funded by parents or family, usually through their wills. No payback provision, so remaining assets can pass to other family members.
Administered by a nonprofit such as PLAN/NJ, with assets in sub-accounts pooled for investment. Often best for smaller amounts.
A free consultation, up to 30 minutes, will tell you if a special needs trust is appropriate.