A New Mexico Irrevocable Trust Agreement is a legal tool utilized to establish a Special Needs Trust (SET) for the benefit of multiple children who have special needs or disabilities. A Special Needs Trust is designed to preserve the financial resources of individuals with disabilities while allowing them to maintain eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI). By setting up a Special Needs Trust, parents or legal guardians can ensure that their children with disabilities continue to receive the necessary support and care even after their passing. The Irrevocable Trust Agreement is a legally binding document that specifies the terms and conditions under which the trust operates. The New Mexico Irrevocable Trust Agreement for Special Needs Trusts can be customized to cater to the unique needs and circumstances of the children involved. It addresses various aspects such as asset management, distribution of funds, and guardianship replacements. The agreement also enables the granter (the parent or guardian) to appoint a trustee who will oversee the trust and ensure its proper administration. Different types of New Mexico Irrevocable Trust Agreements can be utilized for setting up Special Needs Trusts, depending on the specific requirements of the children involved. For instance: 1. First-Party Special Needs Trust: This type of trust is funded using the disabled individual's own assets, such as an inheritance, lawsuit settlement, or back payment from Social Security benefits. It allows the person with disabilities to retain government benefits while utilizing their own funds for supplemental care. 2. Third-Party Special Needs Trust: In this case, the trust is established using assets that third parties contribute, such as family members or friends. This trust does not use the disabled individual's own assets and provides additional financial support for their needs. It can also be funded through life insurance policies or bequests. 3. Pooled Special Needs Trust: This type of trust is administered by a nonprofit organization that manages funds pooled from multiple individuals with disabilities. It allows for greater investment opportunities and often offers professional trustee services. It is suitable for individuals without a substantial amount of personal funds or when family members are unable to serve as trustees. In conclusion, a New Mexico Irrevocable Trust Agreement for setting up Special Needs Trusts for the benefit of multiple children with disabilities provides a comprehensive legal framework to secure their financial well-being while safeguarding their eligibility for government benefits.