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The differences between a First Party & Pooled Special Needs Trust are: If the person with the disability (the beneficiary) is over 65 years old, a pooled trust must be used. A non-profit organization will be the trustee of this pooled trust. A first party trust can be established by the person with the disability, a parent, grandparent, court, or guardian. This type of trust is funded with assets belonging to the person with the disability, as is the same with the pooled trust. The assets, for both types of trusts, may include personal savings, a personal injury settlement, a retirement plan, a divorce settlement, proceeds from the sale of property, and inheritance.

The short answer is No. The trust funds must be used only for the benefit of the trust beneficiary, your mother. There is often confusion because of many variables such as the trust size, age or condition of the beneficiary, terms of the trust itself. However, none of these variables make a difference. The law states that only the vehicle belonging to the beneficiary can be repaired and have routine maintenance paid for by the beneficiary’s trust.

When your sister’s Trust has depleted its assets or funds, it is closed. A final distribution of appropriate fees will be taken, as stated in the Trust documents, for closing of the trust, prior to the trust being closed.

Vista Points works with attorneys from around the country who specialize in Estate Planning and Trusts, Elder Law, and Family Law, along with trial attorneys well as other reputable attorneys who work in the best interest of their clients. Vista Points does not have any attorneys who work for the company. All attorneys are independent. This ensures there is no conflict of interest between Vista Points, the attorney, and the beneficiary. The attorney should understand federal Social Security programs and the eligibility requirements; Social Security Disability Insurance, Medicare, and the American’s Disabilities Act (ADA).

The Trust funds must be used for the sole benefit of the Trust Beneficiary. Trust funds can be used to pay for items and services such as: non-medical home health services, alternative therapies, travel, home furnishing, computers and other electronic equipment, entertainment, clothing, out of pocket medical and dental expenses, audiology exams and hearing aids, vision exams and glasses, and more. The best advice is always to ask the trustee, before a purchase is made, if the beneficiary’s trust can pay for this item or service. Pre-approval will avoid future problems in seeking payment from the trust.

Simply put, No. A Special Needs Trust is an Irrevocable Trust. An irrevocable trust effectively removes all the beneficiary’s rights of ownership to the assets in the trust. This action protects the beneficiary’s government eligibility for SSI (Supplemental Security Income) and Medicaid. The house in the trust can be sold, but only by the trustee, however the proceeds must be deposited into the trust, for use by the beneficiary

Yes. A person living with special needs, or a disability (physical, mental, or intellectual), does not have to use government benefits. However, the benefits are there as a resource for the person with the disability (the beneficiary) to help with day-to-day expenses, healthcare, and much more. A Special Needs Trust can be established for the beneficiary. There are three types of special needs trusts. Please consult with an attorney as to which type of special needs trust is best for the beneficiary to establish. A special needs trust helps the beneficiary to live a good quality of life. The trust also gives the family peace of mind knowing a professional trustee is managing the trust.

Each special needs trust has a responsible party that helps to manage the day-to-activities of the beneficiary. This person is called the attorney-in-fact or advocate, depending on the type of special needs trust that is established. The responsible party can make suggestions and work with the trustee, in how they would like a portion of the beneficiary’s trust funds invested for a first party or third-party trust.

Yes. Huntington’s Disease is a progressive brain disorder caused by a defective gene. Huntington’s falls under the Dementia category, which is a diagnosed disability. A Special Needs Trust could definitely be established and be used to provide quality of life to a person with Huntington’s Disease.

Legally yes, however, it is recommended to use an attorney who is trained and experienced in establishing special needs trusts. If you would like to be referred to an attorney, please contact Vista Points. The organization has a national database of attorneys who may be able to assist you in establishing a special needs trust, for the beneficiary who is living with a physical, mental, or intellectual disability. Please note, Vista Points requires you to meet with a qualified attorney to determine if a special needs trust is your best option.