How Can I Create A Special Needs Trust For My Child In California?

For California families with a special needs child, a special needs trust is an important tool for guaranteeing their well-being and security. Parents must ensure that their special needs children receive proper medical care and that their lives are enriching and fulfilling. None of this is possible if their children, upon reaching adulthood, rely solely on government benefits to survive. While parents may be able to provide funding for these matters during their lifetime, they need plans in place once they pass away, which is where special needs trust comes in.

How Do Special Needs Trusts Work?

Special needs trusts help fund activities and care for disabled individuals without directly giving them money. These trusts are created by grantors – typically the individual’s parents – and in most cases, the funds usually enter the trusts once the parents have died. However, if a person’s disability stems from a life-changing injury, such as a serious accident or a medical malpractice incident, a special needs trust can be funded immediately upon receiving a settlement check from a lawsuit.

One significant benefit of special needs trusts is that they allow disabled individuals access to the services they need, in addition to enjoyable, enriching experiences, without compromising their eligibility for government benefits. For instance, if a disabled individual wants to take a trip to Disneyland, their trustee – the individual who manages the trust – can use the trust’s funds to pay for tickets, meals and souvenirs. Or, if the disabled individual uses a credit card to pay for these things themselves, the trustee can then use the trust’s funds to pay the credit card bill.

Setting Up A Special Needs Trust

Setting up a special needs trust for your disabled child is not an endeavor you should undertake on your own. When special needs trusts are improperly set up, it is very easy for them to be mis-administered, which can have catastrophic personal and financial consequences for disabled individuals. Working with a competent estate planning attorney, particularly one who has created many special needs trusts, is essential to safeguard your child’s future.

The importance of hiring an experienced attorney is doubly important for the many Korean-speaking, Cantonese-speaking and Mandarin-speaking families throughout California, particularly in Pasadena and the Los Angeles area. Hiring a lawyer who speaks your primary language can be crucial for accuracy and trust. Not only will they have a strong understanding of your specific goals for your special needs child, but they will be able to make them legally binding without getting lost in translation.