How do I set up a special needs trust?

Setting up a special needs trust can be a complicated process, especially in Washington. It will likely require the help of an experienced elder law attorney. Generally, the trust must include specific language in order for it to be considered a valid trust under the law. The grantor (the person who creates the trust) must have a specific purpose for the trust, such as providing for the care of a disabled family member or protecting the disabled person’s assets from creditors. The grantor should appoint a trustee to manage the assets and make decisions on the disabled person’s behalf. The trustee must be an individual or a trust company, and must follow all applicable state and federal laws. The grantor must also provide specific details regarding the purpose of the trust, the beneficiaries, how the trust funds should be used, how the trust should be funded, and how the trust should be managed — all of which must follow applicable state and federal laws. Once the trust is set up, the grantor should review the document and make sure that the language accurately follows all applicable laws and that it adequately reflects the grantor’s intent. The trust should then be signed, notarized, and filed with the appropriate government agency, such as the Office of the Secretary of State in Washington. The trust should also be reviewed periodically to make sure that it still meets the grantor’s wishes and that it still complies with all applicable laws. An experienced elder law attorney can help ensure that the trust continues to be a valid trust.

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How do I set up a special needs trust?

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