Families in St. George and Washington County, Utah face a serious planning risk: leaving money directly to a disabled child can immediately eliminate their Medicaid or SSI benefits. A properly drafted special needs trust solves this by holding assets outside the reach of federal benefit program calculations, letting families provide real financial support without triggering disqualification. The type of trust matters – third-party special needs trusts, funded by parents or grandparents, carry no Medicaid payback requirement at death, making them the preferred choice for proactive estate planning. Trust language, trustee selection, and coordination with life insurance and existing estate documents all affect whether the plan holds up. Terry Law Firm, PLLC., a member of the American Academy of Estate Planning Attorneys, helps families throughout Southern Utah build estate plans that protect their most vulnerable loved ones.

