Q. What is a first party special needs trust?
A. A first party special needs trust, also called a self-settled trust, is designed to benefit individuals with special needs who qualifies now or expects to qualify one day for government benefits.
Some requirements of the trust are:
- The trust for a minor must be established by a parent, grandparent, guardian, or the court.
- The trust must be irrevocable.
- The beneficiary’s assets must be used to fund the trust. Examples of assets for first party special needs trust: Funds from inheritance, settlements from lawsuits, or divorce settlements.
- The beneficiary must be under age 65 at the time the trust is established.
- At the beneficiary’s death, the state Medicaid agency must be reimbursed.