Special Needs Trust Provision List

Special Needs Trust Planner

Supplemental Care Provisioning
Third-Party Trust

Trust Summary

Beneficiary: John Doe

Trustee: Jane Smith

Trust Type: Third-Party SNT

Designed to supplement, not replace, government benefits like SSI and Medicaid.

Principal Funding

$100,000

Est. Annual Supplemental Budget (4%): $4,000

Spending Allocation Strategy

Important Legal Note

This tool provides a structural overview of provisions. It is not legal advice. SNTs are highly governed by state and federal laws (Social Security POMS). Always have an attorney draft the final instrument.

  • Do not give cash directly to the beneficiary.
  • Payments should be made directly to service providers.

Trust Provision Checklist

Based on your configuration, the following clauses are recommended for the trust instrument.

Distribution Guidelines

To maintain SSI/Medicaid eligibility, the Trustee must distinguish between "In-Kind Support and Maintenance" (ISM) and Supplemental Needs.

✅ Allowable (Supplemental)

  • Medical/Dental expenses not covered by Medicaid
  • Therapy and Rehabilitation services
  • Vacations and Travel companions
  • Electronics (Computers, TV, Internet)
  • Education and Tutoring
  • Legal and Guardianship fees
  • Vehicle purchase and insurance

âš  Caution / Prohibited

*Payments for food/shelter may reduce SSI benefits by 1/3 (PMV rule).

  • Cash given directly to Beneficiary (Strictly Prohibited)
  • Rent or Mortgage payments*
  • Property Taxes*
  • Home Utilities (Gas, Water, Electric)*
  • Groceries and Food*
  • Standard clothing (basic wardrobe)

Trust Configuration

Customize the inputs to generate the correct provision list.

1. Trust Structure

*Third-Party trusts usually pass remaining funds to other family members. First-Party trusts require a Medicaid Payback provision.

2. Parties Involved

3. Remainder

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