The Illinois Special Needs Irrevocable Trust Agreement for the Benefit of a Disabled Child of the Trust or is a legal document designed to provide financial protection and support for disabled children in Illinois. This trust agreement is established by the trust or, who is typically a parent or legal guardian, to ensure the long-term care and well-being of their disabled child after the trust or's death or incapacity. The primary goal of this trust is to safeguard the disabled child's eligibility for government benefits, such as Medicaid and Supplemental Security Income (SSI), while supplementing those benefits with additional funds for the child's needs that are not covered by government assistance programs. By setting up this trust, the trust or can ensure the child's needs are adequately addressed while protecting their eligibility for important benefits. There are several types of Illinois Special Needs Irrevocable Trust Agreements available, each serving a specific purpose, based on the specific needs and circumstances of the disabled child and their family. Some commonly used types include: 1. First-Party Special Needs Irrevocable Trust Agreement: In this type of trust, funds belonging to the disabled child, such as an inheritance, lawsuit settlement, or personal injury claim, are placed into the trust for their benefit. This helps preserve their eligibility for government benefits by keeping the assets separate from their personal assets. 2. Third-Party Special Needs Irrevocable Trust Agreement: This type of trust is established with the assets of a third party, typically parents or other family members, to benefit the disabled child. It allows the family to provide additional financial support without jeopardizing the child's eligibility for government benefits. 3. Pooled Special Needs Irrevocable Trust Agreement: A pooled trust combines the assets of multiple disabled individuals into a single trust managed by a non-profit organization. This type of trust is beneficial for families who do not have enough assets to create an individual trust but still want to provide for their disabled child's needs. 4. Testamentary Special Needs Irrevocable Trust Agreement: This type of trust is created through a person's last will and testament, and it becomes effective only upon the trust or's death. It allows the trust or to designate funds or assets to benefit their disabled child while ensuring continued eligibility for government benefits. Regardless of the specific type, an Illinois Special Needs Irrevocable Trust Agreement must adhere to state laws and regulations governing trusts, as well as federal rules that protect government benefit eligibility. It is crucial to consult with an experienced attorney specializing in special needs planning to ensure the trust agreement is properly drafted and tailored to meet the unique needs of the disabled child.