Ohio Irrevocable Trust Agreement Setting up Special Needs Trust for Benefit of Multiple Children An Ohio Irrevocable Trust Agreement for setting up a Special Needs Trust is designed to provide financial security and support for multiple children with special needs. This legal document ensures the proper management and distribution of assets to meet the specific needs and requirements of each child. With an Irrevocable Trust Agreement, the trust creator (also known as the granter or settler) transfers assets into the trust to be managed by a trustee. The trustee has the responsibility of administering the trust in accordance with the terms and conditions outlined in the agreement. The primary purpose of an Ohio Special Needs Trust is to safeguard the financial stability and welfare of children with disabilities, while still allowing them to qualify for government benefits such as Medicaid and Supplemental Security Income (SSI). It enables parents or guardians to provide for their children's supplemental needs beyond what government programs cover. There are various types of Ohio Irrevocable Trust Agreements for setting up Special Needs Trusts, each with its own unique features and considerations. Some common types include: 1. Third-Party Special Needs Trust: This type of trust is created and funded by someone other than the beneficiary, typically a parent, grandparent, or family member. It allows for additional funds from the third party to be used to enhance the quality of life for the child without jeopardizing their eligibility for government benefits. 2. Self-Settled Special Needs Trust (First-Party Trust): In cases where the child with special needs has personal assets or funds, such as an inheritance or a personal injury settlement, a self-settled special needs trust can be established. This type of trust enables the child to retain eligibility for government benefits while preserving their assets for supplemental needs. 3. Pooled Special Needs Trust: A pooled trust is managed by a nonprofit organization that combines the assets of multiple individuals with special needs into a single fund. Each beneficiary has a separate account within the trust, which allows for individualized planning while enjoying the advantages of pooled investment and administration. Regardless of the type of trust agreement chosen, it is crucial to work with a knowledgeable attorney who specializes in special needs planning and Ohio trust laws. They can guide you through the legal process of creating the trust, ensuring that it meets all necessary criteria and fulfills the best interests of the children with special needs.