There are 3 main types of special needs trusts, and the type of trust usually depends on who’s funding it. The most common types include:
First-party special needs trust
First-party special needs trusts are an irrevocable trust that must be established by a parent, grandparent, or guardian of the person with disabilities (disabled beneficiary), or by the court.
The trust must be funded with the disabled beneficiary's assets (for example an inheritance or settlement), and the disabled beneficiary must be under age 65 when the trust is set up.
It’s also important to know, upon the death of the disabled beneficiary any remaining assets in the trust are potentially subject to the repayment of medical assistance benefits received by the disabled beneficiary during their lifetime.
Third-party special needs trust
Third-party special needs trusts are established and funded by a donor, the person who contributes money to the trust using assets that were never owned by the person with disabilities (disabled beneficiary).
In general, the trust assets may be used for most supplemental needs of the disabled beneficiary. Additionally, upon the death of the disabled beneficiary the donor has control over the distribution of any remaining trust assets.
Pooled special needs trust
Pooled special needs trusts are established and managed by a nonprofit organization, and the person with disabilities (disabled beneficiary) creates an account within the pooled special needs trust. Within the trust, the funds are pooled and the disabled beneficiary is entitled to a proportionate share of the assets.
Individuals of any age may participate in a pooled special needs trust, unlike a first-party special needs trust. Consider consulting with an estate planning attorney to determine if there are any asset transfer restrictions in your state.
Like a first-party special needs trust, upon the death of the disabled beneficiary any remaining assets in the trust are potentially subject to the repayment of medical assistance benefits received by the disabled beneficiary during their lifetime.