Best Practices for Special Needs Trust Administration

Administering Special Needs Trusts can be particularly problematic because it involves caring for beneficiaries with special needs and the risk of losing critical benefits. This program will cover the common problems attorneys encounter in administering special needs trust including finding a good trustee, managing the beneficiary’s expectations, handling distributions, handling a failed trust, and dealing with creditors. This program will also cover common solutions including decanting, trust termination, NJSAs, guardianships, changing trustees, as well as using pooled trusts, corporate trustees, trust protectors, care managers, and considering ABLE accounts as an alternative. Understanding the problems and solutions in administering special needs trusts will enable you to better advise your clients on creating a special needs trust in addition to solving problems after they arise.

Everyone knows that Special Needs Trust protect assets from being counted for public benefits eligibility, but which public benefits are doing the counting and how are they counting? The eligibility rules for each program are different and can feel like an endless wormhole to practitioners. End the confusion and learn the basics of eligibility for Medicaid, Medicare, SSI, SSDI, HUD, Link, and PASS. Understanding the eligibility rules for these programs will enable you to advise your clients on whether a special needs trust is right for them or a loved one.

Managing financial matters in guardianship cases requires attorneys to navigate complex budgeting, accounting, and compliance obligations. This session will explore key legal and fiduciary responsibilities related to guardianship finances, including court-approved budgets, annual accountings, record-keeping requirements, and best practices for managing client assets. Gain insights into common financial pitfalls, ethical considerations, and strategies for ensuring transparency and compliance with guardianship laws.
Originally presented as part of the Guardianships Institute 2025 Course.