Carefully structured trusts that protect loved ones with disabilities — preserving their quality of life and supplemental care without disqualifying them from essential government benefits.
"Every family deserves to know their loved one will be cared for and protected — long after they're gone."
A Special Needs Trust (SNT) is a legal arrangement designed to hold assets for a person with a disability while preserving their eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI). Without one, an inheritance or gift could disqualify your loved one from programs that are essential to their care.
Jeffrey Papola works with New Jersey families to create thoughtfully structured special needs trusts — providing for a loved one's comfort and quality of life while protecting the benefits they depend on. Special needs trusts are often part of a broader estate plan and may coordinate with Medicaid planning strategies.
Special needs trusts come in several forms — and choosing the wrong type can have serious consequences for benefits eligibility. Jeff will identify the right approach for your situation.
Funded with assets from parents, grandparents, or other family members — not the beneficiary. The most flexible type, with no Medicaid payback requirement. Ideal for estate planning and inheritance.
Funded with the disabled person's own assets — such as a personal injury settlement or inheritance received directly. Must include a Medicaid payback provision. Preserves benefits while holding the individual's funds.
Managed by a nonprofit organization that pools assets for investment purposes while maintaining separate accounts for each beneficiary. A practical solution for smaller amounts or when family is unavailable to serve as trustee.
Created through a parent's will and takes effect at death. Provides for a child with a disability from the parent's estate while protecting government benefit eligibility.
Beyond the trust structure, Jeff advises on what the trust can and cannot pay for — ensuring distributions supplement, not replace, government benefits for maximum impact.
Choosing the right trustee — family member, professional, or corporate — is as important as the trust itself. Jeff helps families identify the right person and set up clear guidelines for distributions.
A person receiving SSI or Medicaid is generally limited to $2,000 in countable assets. If they inherit money directly — even from a well-meaning family member — they can lose their benefits immediately. Recovering those benefits can take months.
A properly structured third-party special needs trust lets you leave virtually any amount for your loved one without affecting their eligibility for a single dollar of government benefits. For families caring for someone with a disability, this is one of the most important documents they'll ever create.
Protect Your Loved One NowJeff begins by reviewing your loved one's current benefits — SSI, Medicaid, housing assistance — to understand exactly what protections the trust must preserve.
The trust is drafted with precise language specifying who the beneficiary is, what funds can be used for, who serves as trustee, and what happens to remaining funds after the beneficiary's death.
For third-party trusts, Jeff advises on how family members can contribute during lifetime or through their own estate plans — including coordinating with other family members' wills.
Trust administration requires careful attention to what distributions are permissible. Jeff provides guidance on what the trust can pay for — and what could inadvertently trigger a benefits review.
Estate planning and elder law are deeply personal. Here's what clients throughout New Jersey have shared about working with Papola Law.
Setting up a special needs trust for our son was something we'd been putting off for years out of fear. Jeff explained everything clearly and gave us confidence in the plan.
Our daughter has significant needs. Jeff created a trust that ensures she will be cared for — properly, privately, and without losing her Medicaid. It's the greatest peace of mind we've ever had.
Jeff was patient, knowledgeable, and compassionate throughout the entire process. He understood our situation and created a plan we felt truly confident in.
A special needs trust is one of the most meaningful things you can do for a family member with a disability. Schedule a free consultation and let Jeff show you what's possible.