Hawaii Special Needs Irrevocable Trust Agreement for the Benefit of a Disabled Child of the Trust or is a legal tool designed to provide financial support and protection to a disabled child after the trust or's passing. This trust is specifically created to ensure that the disabled child receives proper care and support while still maintaining eligibility for government assistance programs such as Medicaid or Supplemental Security Income (SSI). There are different types of Hawaii Special Needs Irrevocable Trust Agreements for the Benefit of Disabled Child of Trust or, which include: 1. First-Party Special Needs Trust: This type of trust is funded with the disabled child's own assets or inheritance. It is commonly used when the disabled child receives a settlement or any other monetary benefit that could potentially jeopardize their eligibility for government assistance. 2. Third-Party Special Needs Trust: This trust is created and funded by someone other than the disabled child. It allows family members, friends, or any concerned individuals to contribute funds to the trust on behalf of the disabled child, ensuring their future financial stability and care. 3. Pooled Special Needs Trust: A Pooled Special Needs Trust is created and managed by a nonprofit organization that combines the assets of multiple disabled individuals. This type of trust is suitable for families with limited resources or those who prefer professional management of the trust assets. 4. Testamentary Special Needs Trust: This trust is established through the provisions in the trust or's will and only comes into effect upon the trust or's death. It allows the trust or to leave assets behind for the benefit of their disabled child while maintaining eligibility for government benefits during their lifetime. In any of these trust agreements, the key aspects to consider include the identification of the trust or, beneficiary (disabled child), and the trustee responsible for managing the trust assets and distributions. Additionally, the trust agreement should outline specific instructions regarding the management of trust assets, permissible distributions, and any specific desires or wishes of the trust or in relation to the disabled child's care. Creating a Hawaii Special Needs Irrevocable Trust Agreement for the Benefit of a Disabled Child of the Trust or requires professional legal assistance to ensure compliance with state laws and regulations. Consulting an attorney specializing in special needs planning is highly recommended drafting a tailored trust agreement that meets the unique needs and goals of the trust or and their disabled child.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.