Glen Burnie Special Needs Trust Attorney

Serving Anne Arundel County Families Since 1997. Protecting Benefits for a Lifetime.

Families raising a child with a disability or caring for a disabled adult share a common fear: what happens when they’re no longer able to provide for that person? A direct inheritance or financial gift can affect eligibility for Medicaid and Supplemental Security Income (SSI), leaving a loved one worse off than before. A special needs trust, also called a supplemental needs trust, holds and manages assets for a person with a disability so those assets aren’t counted toward their resource limit for government benefits. The trust supplements what those programs pay for rather than replacing them, and it can fund expenses those programs don’t cover, including specialized medical equipment, assistive technology, therapies, transportation, and recreation.

Our firm, Ward & Co Law, has served the Maryland community since 1997. Based in Glen Burnie, we handle wills and estates, civil litigation, business law, and real estate, which means we can build a special needs trust into a coordinated estate plan rather than treating it as a standalone document. We bring four decades of combined legal experience to this work, paired with the personalized attention families need when planning for a loved one’s lifetime.

Schedule a consultation with our Glen Burnie special needs trust attorney by calling (410) 775-5955 or reaching out online.

Why Glen Burnie Families Establish Special Needs Trusts

For Anne Arundel County families, the value of a special needs trust goes well beyond a single legal document. We draft trusts that work alongside wills and powers of attorney as part of a coordinated estate plan, so a parent’s death or incapacity doesn’t leave a gap in care or financial management. The trustee controls all distributions, which protects assets in cases where the beneficiary can’t make consistent financial decisions independently. Even a beneficiary who doesn’t currently receive government benefits may benefit from this structure if there’s a reasonable chance of needing those benefits later.

Key benefits of establishing a special needs trust:

• Financial Protection: Secure assets for your loved one without compromising their eligibility for government benefits.
• Continued Support: Help your loved one receive support throughout their lifetime if a parent or caregiver is no longer able to provide it.
• Tailored Management: Appoint a trustee to manage and distribute funds according to your specific wishes and the beneficiary’s needs.

Who Needs a Special Needs Trust?

Special needs trusts are worth considering in a wider range of situations than many families initially realize. Parents planning for what happens after they’re gone are among the most common clients we advise, but the circumstances vary. We evaluate each family’s situation to determine how to structure the trust for both the family and the beneficiary.

Families often consider a trust if:

• A child or adult requires ongoing medical care that may not be fully covered by government programs.
• A direct inheritance could disqualify the beneficiary from receiving public assistance.
• The family wants to manage assets for future expenses such as education, housing, or specialized therapies.
• There is a need to protect assets from potential creditors while still providing for a disabled loved one.

Maryland Legal Requirements for a Valid Special Needs Trust

Maryland special needs trusts are governed by the Maryland Trust Act and must comply with applicable federal law. Together, these requirements shape how the trust document must be written and how it must function to help protect the beneficiary’s access to public benefits. We guide clients through each requirement to make sure the trust holds up under both state and federal scrutiny.

Core Drafting Requirements

A valid special needs trust must clearly state the trust’s purpose, the trustee’s responsibilities, and the beneficiary’s rights. It is generally irrevocable once established, meaning any changes require proper legal procedures. The trustee must manage assets prudently and make distributions in accordance with the beneficiary’s needs. Critically, the trust must be drafted so its assets aren’t counted toward the beneficiary’s resource limit for SSI or Medicaid eligibility.

First-Party vs. Third-Party Trusts

One distinction that significantly affects how the trust is structured is whether it is a first-party or third-party trust. A first-party special needs trust is funded with the beneficiary’s own assets, such as a personal injury settlement or an inheritance the beneficiary received directly. Because it draws on the beneficiary’s own funds, it typically includes a Medicaid payback provision requiring reimbursement to the state upon the beneficiary’s death. A third-party special needs trust is funded with assets from a parent, grandparent, or other family member. It carries no Medicaid payback requirement, and remaining assets can pass to other beneficiaries when the trust ends. Disputes or complex fiduciary matters related to trust administration in Anne Arundel County may be handled through the Orphans Court.

Frequently Asked Questions About Special Needs Trusts

What Is a Special Needs Trust?

A special needs trust is a legal arrangement that holds and manages assets for a person with a disability without affecting their eligibility for Medicaid or SSI. Because the assets are owned by the trust rather than the beneficiary, they don’t count toward the resource limits those programs use to determine eligibility. The trust pays for supplemental expenses beyond what government programs cover, such as therapies, equipment, education, and recreation.

Who Can Serve as Trustee of a Special Needs Trust?

A trustee can be a family member, a professional trustee, or a nonprofit organization managing a pooled trust. Whoever serves holds fiduciary responsibility for all distributions and must work to avoid distributions that could jeopardize the beneficiary’s government benefits. Choosing the right trustee is one of the most consequential decisions in setting up the trust, and it’s something we work through carefully with every family we advise.

How Does a Special Needs Trust Compare to an ABLE Account?

Both tools allow saving for a person with a disability without affecting SSI and Medicaid eligibility. ABLE accounts carry annual contribution limits and asset caps set by federal law, and those rules are subject to change. A special needs trust has no such caps and can hold significantly larger amounts, making it better suited for long-term planning and larger inheritances or settlements. For some families, both tools work together rather than as alternatives.

How Can a Special Needs Trust Attorney in Glen Burnie Help?

Our special needs trust lawyers can help ensure the trust complies with Maryland and federal law, select the correct trust type based on the source of funding, and coordinate the trust with the broader estate plan. Beyond drafting and setup, we conduct ongoing reviews to adapt to changes in the family’s situation, the beneficiary’s needs, or the legal landscape, so the trust can continue to work as intended over time.

Contact Ward & Co Law to Protect Your Loved One’s Future

Planning a special needs trust is one of the most important steps an Anne Arundel County family can take for a disabled loved one’s long-term security. Ward & Co Law has been serving Glen Burnie and the surrounding community since 1997, and our wills and estates practice is built to integrate a special needs trust into a complete, locally grounded plan rather than drafting it in isolation. Contact our team to schedule a consultation and start building a plan designed to help protect both your loved one’s care and their access to government benefits.

Call us today at (410) 775-5955 or reach out online to schedule a consultation.