Caring for a loved one with special needs involves careful planning to ensure their financial security and well-being. One of the most effective ways to provide for a family member with disabilities is by establishing a special needs trust. These trusts are designed to manage assets for the benefit of the individual without jeopardizing their eligibility for government benefits. At Magliarditi Law Firm, we specialize in creating special needs trusts in Nevada, offering expert legal guidance to families navigating this complex process. Here’s why hiring an attorney for special needs trusts is essential.



1. Understanding Special Needs Trusts

A special needs trust (SNT) is a legal arrangement that allows you to set aside funds for a loved one with disabilities without affecting their eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI). There are different types of special needs trusts, including:

• First-Party Special Needs Trusts: Funded with assets belonging to the person with disabilities, often created through an inheritance or personal injury settlement.
• Third-Party Special Needs Trusts: Funded with assets from family members or other third parties, commonly established as part of estate planning.
• Pooled Trusts: Managed by a non-profit organization, pooling funds from multiple beneficiaries for investment and management purposes.

An experienced attorney can help you determine which type of trust is most suitable for your situation.

2. Navigating Complex Legal Requirements

Special needs trusts involve intricate legal requirements and must be carefully drafted to comply with federal and state laws. An attorney specializing in special needs trusts can ensure that the trust document meets all legal standards and includes the necessary provisions to protect your loved one’s eligibility for benefits.

3. Customizing the Trust to Meet Your Needs

Every family’s situation is unique, and a special needs trust should be tailored to meet specific needs and goals. An attorney can customize the trust to address your loved one’s particular circumstances, including healthcare needs, living arrangements, and long-term financial security. They can also incorporate specific instructions regarding the use of trust funds to ensure they are used appropriately.

4. Ensuring Proper Management of Trust Assets

Managing a special needs trust requires careful oversight to ensure that funds are used appropriately and in compliance with legal requirements. An attorney can help you select a suitable trustee, whether it’s a family member, professional trustee, or a corporate trustee. They can also provide guidance on trustee responsibilities, ensuring that the trust is managed effectively and in the best interests of the beneficiary.

5. Protecting Government Benefits

One of the primary purposes of a special needs trust is to preserve the beneficiary’s eligibility for government benefits. An improperly drafted or managed trust can inadvertently disqualify the individual from receiving vital assistance. An attorney can ensure that the trust is structured and administered correctly to avoid jeopardizing these benefits.

6. Addressing Potential Challenges and Disputes

Establishing and managing a special needs trust can sometimes lead to disputes or challenges, whether from family members or other parties. An attorney can provide legal representation in such cases, protecting the interests of the beneficiary and ensuring that the trust is upheld.

7. Providing Peace of Mind

Creating a special needs trust involves significant planning and legal expertise. Hiring an attorney provides peace of mind, knowing that a professional is handling the legal complexities and ensuring that your loved one’s future is secure. This allows you to focus on providing care and support without worrying about legal and financial uncertainties.

Benefits of Hiring a Special Needs Trust Attorney

Hiring a special needs trust attorney offers several advantages:

• Expert Legal Knowledge: An attorney with experience in special needs trusts understands the intricacies of the law and can provide expert advice tailored to your situation.
• Customized Trust Planning: An attorney can tailor the trust to meet your specific needs and goals, ensuring that it provides the maximum benefit to your loved one.
• Effective Management: An attorney can help you select and guide a trustee, ensuring that the trust is managed effectively and in compliance with legal requirements.
• Protection of Benefits: An attorney can ensure that the trust is structured to protect the beneficiary’s eligibility for government benefits.
• Peace of Mind: Knowing that a professional is handling your special needs trust allows you to focus on your loved one’s care and well-being.

At Magliarditi Law Firm, we are dedicated to providing compassionate and effective legal representation for families establishing special needs trusts in Nevada. Our team of experienced attorneys will work tirelessly to ensure your loved one’s financial security and future well-being.