Maryland Trust for Individual With Special Needs

Parents of a child with special needs have unique concerns when planning for their child’s welfare after the parents have passed away. Important practical and legal decisions need to be made to determine how and in what manner the needs of the child will be met. Careful consideration—including benefit implications—needs to be given when considering a separate Maryland Special Needs Trust and whether it should be an inter vivos (outside of a Will) or testamentary (within a Will). It is very important that the legal decisions made do not adversely affect any of the child’s support that is currently given from local and federal government programs, such as Supplemental Security Income (SSI) and Medicaid. Options range from creating a statutory Trust under the Maryland Discretionary Trust Act (MDTA) to independent Discretionary Trusts and Special Needs Trusts.

The Maryland Discretionary Trust Act (MDTA) became effective on October 1, 1994. It was created in an effort to offset the rising costs of health care and to encourage parents of children with disabilities to contribute to the care of their children. The careful creation of a Trust to the strict legal guidelines of MDTA can result in a Trust that does not jeopardize the beneficiary’s eligibility for private and federal government programs, such as Supplemental Security Income (SSI) and Medicaid. Options range from creating a statutory Trust under the Maryland Discretionary Trust Act (MDTA) to independent Discretionary Trusts and Special Needs Trusts.

For a free, confidential conversation to discuss Special Needs Trusts and other estate planning matters, or to create your own estate plan, contact Maryland estate planning attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here.

Day, evening and weekend appointments are available in office or at your residence. Mr. Reichert personally serves clients throughout the state of Maryland including Baltimore, Baltimore County, Anne Arundel County, Howard County, Carroll County, Harford County, Frederick County and Montgomery County.