By Kevin Urbatsch, Esq., and Jessica Jones, Esq.
A third-party special needs trust (SNT), also called a third-party supplemental needs trust, is commonly utilized to hold and administer an inheritance for a person with a disability. It can also facilitate gifts or donations to the beneficiary with a disability. It is important to note that creating an SNT is only one part of a plan for a person with a disability. Special needs planning requires a comprehensive approach to address all the needs a person with a disability requires. The authors often discuss with parents that a special needs plan is designed to create a strategy to replace everything they do for their loved ones with special needs. This generally involves planning to ensure that there is someone to make medical or personal care decisions for the loved one with a disability, a suitable living arrangement (whether private, group home, or skilled nursing), a sustainable caregiving arrangement, appropriate transportation, opportunities for social interactions, proper advocacy, and enforceable protection from predators. This article will focus on the third-party SNT, a vital element of a comprehensive special needs plan.