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Special Needs Trusts

Providing for a Disabled Family Member

The primary purpose of a special needs trust is to provide for the needs of an individual without disrupting that person's eligibility for Medicaid and Social Security and other government benefits. The experienced lawyers of Cushing & Dolan, P.C., can structure the trust to make sure your loved one has the actual necessities of life without compromising government benefits.

We provide comprehensive estate planning services to families in Greater Boston, and throughout Massachusetts and New Hampshire. Arrange a free consultation today about creating a special needs trust.

Creating a Special Needs Trust

A special needs trust, also known as a supplemental needs trust, is established on behalf of a person who is mentally or physically incapacitated under the Social Security Administration's definition of disability. It is most commonly created for an adult child with mental or physical disabilities to preserve eligibility for Medicaid (MassHealth), Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Assets in a special needs trust are distributed to the beneficiary at the discretion of a trustee. (The parents can be the trustees with a successor trustee named, should they predecease the beneficiary..) The trust cannot pay for basic needs, which are covered by government benefits and programs. The trustee can authorize expenditures for such things as:

  • Vacations, summer camp and travel
  • Movies, restaurant meals and social outings
  • Sporting goods, cosmetics and other quality-of-life items
  • Medical treatments not covered by benefits programs
  • Hiring an attorney

There are two main types of special needs trusts:

— A self-funded special needs trust preserves assets of the disabled person, such as an inheritance, or proceeds from a personal injury settlement. Without the trust, the person would have to spend all personal assets to qualify for government programs. (D)(4)(A)

— A family trust or pooled trust funded by the parents or relatives, often through a life insurance policy. (This type of trust must include a so called "(d)(4)(A)" payback provision, which reimburses Medicaid or Social Security when the disabled person dies.)

Boston Trust Attorneys

We know the strategies and pitfalls of special needs planning. Call Cushing & Dolan at 617-523-1555 or contact us online. We offer a free consultation, with six convenient locations in Boston and surrounding counties.

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Serving Businesses and Individuals Throughout Massachusetts

Boston Office
Cushing & Dolan, P.C.
10 Post Office Square
Suite 1205
Boston MA 02109


Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
Map and Directions

Waltham Office
Cushing & Dolan, P.C.
375 Totten Pond Road
Suite 200
Waltham MA 02451


Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
Map and Directions

Westborough Office
Cushing & Dolan, P.C.
276 Turnpike Rd.
Route 9, Suite 228
Westborough MA 01581


Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
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Norwood Office
Cushing & Dolan, P.C.
520 Providence Highway
Route1, Suite 10
Norwood MA 02062


Phone: 781-278-9901
Fax: 781-278-9911
Toll Free: 888-759-5109
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Chestnut Hill Office
Cushing & Dolan, P.C.
1330 Boylston Street
Suite 100
Chestnut Hill MA 02467


Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
Map and Directions

Woburn Office
Cushing & Dolan, P.C.
444 Washington Street
Suite 203
Woburn MA 01801


Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
Map and Directions

Braintree Office
Cushing & Dolan, P.C.
50 Braintree Hill Park
Suite 308
Braintree, MA 02184-8724

Phone: 617-523-1555
Fax: 617-523-5653
Toll Free: 888-759-5109
Map and Directions