How can I create a Special Needs Trust?

A family member may create an SNT for the benefit of a person with a disability by either creating a stand alone SNT while the creator is alive (called an inter vivos SNT) or by creating it under a Will (called a testamentary SNT).

If the person with a disability wants to create his/her own SNT, based on state and federal law, they must work with either their parent, grandparent, guardian or a court to act as the “grantor” or “settlor”. This is the person who officially creates the trust.

If a person with a disability no longer has living parents or grandparents and does not have or need a guardian, we can assist the individual to petition a court to grant permission to create an SNT.