Special Needs Trusts

A special needs trust can help families provide financial support for a loved one with a disability while protecting access to certain public benefits. When structured properly, this type of trust allows assets to be managed and used for supplemental needs without unnecessarily disrupting eligibility for programs such as Medicaid or Supplemental Security Income.

At McDonald Law Firm, Andre O. McDonald helps Maryland families create special needs trusts that fit into a larger long-term plan. The goal is to provide support, preserve important benefits, and create a structure that protects the beneficiary both now and in the future.

Why Families Use Special Needs Trusts

Families often want to leave money or property to a loved one with a disability, but a direct inheritance can create unintended problems when that person relies on needs-based benefits. A special needs trust offers a way to provide meaningful support while protecting important resources and creating a plan for long-term care and financial oversight.

A special needs trust may help families:

  • preserve access to certain public benefits
  • provide for supplemental needs and quality-of-life expenses
  • avoid giving assets directly to the beneficiary
  • create structure around how funds are managed and distributed
  • appoint a trusted person or institution to oversee the trust
  • coordinate future care and financial planning

Special Needs Trust Planning for Different Family Situations

Special needs trusts are not only for parents planning for a child. They can also be useful in many other situations, depending on the beneficiary’s needs and the source of the assets involved.

A special needs trust may be appropriate when:

  • a parent wants to plan for a child’s future
  • a grandparent or other family member wants to leave an inheritance
  • a person with a disability may receive a settlement or other funds
  • a family wants a clear structure for gifts and long-term support

Choosing the Right Trustee Matters

A special needs trust should be supported by careful trustee selection. The trustee may be responsible for managing assets, making appropriate distributions, maintaining records, and understanding how trust decisions can affect benefits over time.

For many families, selecting the right trustee is one of the most important parts of the planning process. Andre O. McDonald helps clients think through who should serve in that role and how the trust can be structured to support the beneficiary’s best interests over the long term.

Special Needs Trusts Should Be Tailored to the Situation

No two families have exactly the same needs, and no two special needs trusts should be exactly alike. A trust may need to account for the beneficiary’s age, level of need, public benefit eligibility, future care considerations, family support system, and the assets intended to fund the trust.

Thoughtful planning may also involve related questions such as:

  • how the trust should be funded
  • whether an ABLE account should also be considered
  • who should serve as trustee or backup trustee
  • how the trust fits into the family’s estate plan
  • how future distributions can best support the beneficiary’s quality of life

Maryland Special Needs Trust Attorney

Creating a special needs trust is an important step for families who want to protect a loved one and plan responsibly for the future. McDonald Law Firm helps Maryland families evaluate their options, structure trusts appropriately, and build a plan that supports the beneficiary without losing sight of the larger legal and financial picture.

Contact McDonald Law Firm to discuss special needs trust planning in Maryland.

I recently had a consultation with Andre McDonald that led to my wife and I hiring him to provide estate planning services. First and foremost, Andre is extremely knowledgeable and personable. He was able to provide multiple options to my relatively complex estate planning situation and opportunity. In addition, he identified an unknown (to me) potential issue and helped provide solutions. Further, he was timely in the follow-up regarding the recommended action steps and provided clarity to ensure our needs were met. I highly recommend Andre and fully expect to leverage his services in the future.

Robin

My wife and I were referred to Andre McDonald for estate planning in Washington DC. We would highly recommend him to anyone seeking help with trusts, wills, advance directives, etc. Andre patiently explains complicated law, and gives excellent advice. He is upfront regarding what he can and cannot do, what it will cost and how long it will take; no surprises.

Ron