This form is a trust used to provide supplemental support for a disabled beneficiary without loss of government benefits. It may be revocable or irrevocable, as the funds are contributed by a third party, and not the beneficiary. The Omnibus Budget Reconciliation Act of 1993 established the supplemental needs trusts.
New Mexico Supplemental Needs Trust for Third Party — Disabled Beneficiary is a specialized legal arrangement designed to provide financial support and assistance for individuals with disabilities in New Mexico. This trust ensures that disabled individuals can maintain access to government benefits while also receiving additional funds to enhance their quality of life. One type of New Mexico Supplemental Needs Trust for Third Party — Disabled Beneficiary is the Revocable Supplemental Needs Trust. This trust can be modified or terminated by the trustee or the granter during their lifetime, providing flexibility to meet the changing needs of the disabled beneficiary. Another type is the Irrevocable Supplemental Needs Trust. Once established, this trust cannot be modified or revoked, offering more security and protection for the funds intended for the beneficiary's benefit. These trusts are created by a third party, typically a family member or a close friend, with the disabled individual as the beneficiary. The purpose of this trust is to supplement government benefits, such as Medicaid, Social Security Disability Insurance (SDI), or Supplemental Security Income (SSI), without jeopardizing the beneficiary's eligibility for these essential programs. By utilizing a New Mexico Supplemental Needs Trust for Third Party — Disabled Beneficiary, the trustee can manage and distribute funds for the disabled individual's benefit. The funds can be used to cover various expenses that enhance their quality of life, including medical and dental expenses not covered by government programs, in-home care, assistive devices, transportation, education, recreation, and more. The trustee has a fiduciary responsibility to ensure that the funds are used solely for the beneficiary's benefit and within the guidelines set by federal and state laws. The trust is carefully drafted to comply with regulations to prevent the funds from being considered as countable resources, which would otherwise affect the eligibility for government benefits. It's important to note that the New Mexico Supplemental Needs Trust for Third Party — Disabled Beneficiary should be established and administered by an experienced attorney knowledgeable in special needs planning and the applicable laws in New Mexico. The attorney can customize the trust based on the individual's unique circumstances, ensuring all legal requirements are met and the beneficiary's needs are adequately addressed. In summary, the New Mexico Supplemental Needs Trust for Third Party — Disabled Beneficiary is a valuable legal tool to protect and enhance the financial well-being of individuals with disabilities. It allows for the provision of additional funds while safeguarding their eligibility for government benefits, helping to ensure a more comfortable and fulfilling life for the disabled beneficiary.New Mexico Supplemental Needs Trust for Third Party — Disabled Beneficiary is a specialized legal arrangement designed to provide financial support and assistance for individuals with disabilities in New Mexico. This trust ensures that disabled individuals can maintain access to government benefits while also receiving additional funds to enhance their quality of life. One type of New Mexico Supplemental Needs Trust for Third Party — Disabled Beneficiary is the Revocable Supplemental Needs Trust. This trust can be modified or terminated by the trustee or the granter during their lifetime, providing flexibility to meet the changing needs of the disabled beneficiary. Another type is the Irrevocable Supplemental Needs Trust. Once established, this trust cannot be modified or revoked, offering more security and protection for the funds intended for the beneficiary's benefit. These trusts are created by a third party, typically a family member or a close friend, with the disabled individual as the beneficiary. The purpose of this trust is to supplement government benefits, such as Medicaid, Social Security Disability Insurance (SDI), or Supplemental Security Income (SSI), without jeopardizing the beneficiary's eligibility for these essential programs. By utilizing a New Mexico Supplemental Needs Trust for Third Party — Disabled Beneficiary, the trustee can manage and distribute funds for the disabled individual's benefit. The funds can be used to cover various expenses that enhance their quality of life, including medical and dental expenses not covered by government programs, in-home care, assistive devices, transportation, education, recreation, and more. The trustee has a fiduciary responsibility to ensure that the funds are used solely for the beneficiary's benefit and within the guidelines set by federal and state laws. The trust is carefully drafted to comply with regulations to prevent the funds from being considered as countable resources, which would otherwise affect the eligibility for government benefits. It's important to note that the New Mexico Supplemental Needs Trust for Third Party — Disabled Beneficiary should be established and administered by an experienced attorney knowledgeable in special needs planning and the applicable laws in New Mexico. The attorney can customize the trust based on the individual's unique circumstances, ensuring all legal requirements are met and the beneficiary's needs are adequately addressed. In summary, the New Mexico Supplemental Needs Trust for Third Party — Disabled Beneficiary is a valuable legal tool to protect and enhance the financial well-being of individuals with disabilities. It allows for the provision of additional funds while safeguarding their eligibility for government benefits, helping to ensure a more comfortable and fulfilling life for the disabled beneficiary.
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.