10 Myths About
Special Needs Trusts
Myth: A special needs trust is only for wealthy families.
Fact: A special needs trust can (and probably should) be established by families of all income and resource levels.
Myth: A special needs trust is only for children with severe disabilities.
Fact: A special needs trust can be established for individuals of all ages with a wide range of disabilities and needs.
Myth: A special needs trust is only necessary if the individual with a disability receives government benefits.
Fact: Even if the individual with a disability does not currently receive government benefits, a special needs trust can be useful to protect their future eligibility.
Myth: A special needs trust is the same as a regular trust.
Fact: A special needs trust is designed specifically to protect the eligibility of an individual with a disability for government benefits, while a regular trust does not have this specific purpose.
Myth: A special needs trust is only useful for managing government benefits.
Fact: A special needs trust can also be used to manage other types of assets and provide for the needs of the individual with a disability.
Myth: The trustee of a special needs trust has complete control over the funds.
Fact: The trustee of a special needs trust has a fiduciary duty to act in the best interests of the individual with a disability and must follow the terms of the trust.
Myth: A special needs trust is only useful for individuals with developmental disabilities.
Fact: A special needs trust can be useful for individuals with a wide range of disabilities, including physical disabilities, mental health conditions, and chronic illnesses.
Myth: A special needs trust is expensive to set up and maintain.
Fact: While there may be some costs associated with establishing and maintaining a special needs trust, there are also many resources available to families to help them navigate the process.
Myth: A special needs trust is unnecessary if the family has a will or other estate planning documents.
Fact: A special needs trust provides specific protections and benefits that may not be provided by a will or other estate planning documents.
Myth: Disinheritance is a better alternative than a special needs trust.
Fact: Special needs trusts are safe and secure to plan for your loved one. Disinheritance is uncessary.
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Emily R. Taylor is an attorney licensed by the State Bar of Arizona. Emily Taylor practices in the areas of Special Needs Planning, Guardianships (and its alternatives), Estate Planning, and Special Needs Trusts. The office of Emily R. Taylor, Attorney PLLC is located in Phoenix, Arizona. Emily Taylor is available to consult on legal matters throughout the state of Arizona.
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