Careful planning must be implemented when caring for a disabled individual and their estate, especially when the person is currently receiving Social Security Benefits for their disability. Under the rules of Social Security, property that is received by a disabled individual may be claimed by Social Security as repayment for past funds distributed or the person may even become ineligible to receive future payments. It is because of these rules that particular care must be used in planning any type of gifts or bequests to disabled individuals.
One very useful tool in this planning is a special trust which allows an individual to donate money to the trust for the benefit of a disabled individual without having to worry about the state making a claim against the asset or about disqualifying the individual from receiving future disability benefits from Social Security. The assets placed into the trust can be used for vacations, clothing, food, entertainment or for whatever purposes defined in the trust. This type of trust can be very useful for any disabled individual and can be established by anyone. It ensures that the disabled person will be cared for and will have some assets to utilize outside of their Social Security benefits. This type of trust should only be created with the expert advice of a qualified attorney but can be extremely valuable for those that need it.