A Wyoming Trust Agreement — Family Special Needs is a legal document that allows families to establish a trust specifically designed to provide financial support and assets management for a family member with special needs. It aims to ensure the well-being and quality of life of a person with disabilities, even after the death or incapacity of their parents or guardians. In this trust agreement, the family creates a legal entity known as a trust, which holds and manages assets on behalf of the individual with special needs. The trust agreement outlines the responsibilities and duties of the trustees, who are typically family members or trusted individuals appointed to oversee the trust's operations. There are several types of Wyoming Trust Agreements — Family Special Needs that can be established, depending on the specific requirements and circumstances of the individual with special needs: 1. Third-Party Special Needs Trust: This type of trust is the most commonly used. It is created and funded by someone other than the individual with special needs, typically parents or relatives. The assets held in this trust are not considered the property of the individual and do not affect their eligibility for government benefits. 2. First-Party Special Needs Trust: Also known as a self-settled or Medicaid trust, this type of trust is funded with the assets of the individual with special needs. It allows the person to qualify for government benefits, such as Medicaid, while still having funds available for supplemental needs beyond the benefits provided. 3. Pooled Special Needs Trust: This trust is managed by nonprofit organizations that pool the assets of multiple individuals with special needs for investment purposes. The funds are managed collectively, and each individual has a separate account within the pooled trust. Benefits of a Wyoming Trust Agreement — Family Special Needs include— - Preservation of Government Benefits: By placing assets into a trust, individuals with special needs can maintain eligibility for means-tested government benefits like Medicaid and Supplemental Security Income (SSI) while still having access to additional resources. — Asset Management: The trust agreement ensures that the assets are managed appropriately, allowing for long-term financial stability and proper allocation of resources to meet the specific needs of the individual. — Continuity of Care: The trust agreement provides instructions on how the funds should be used for healthcare, housing, education, therapy, and other expenses related to the individual's special needs. It ensures continuity of care even if the parents or guardians are no longer able to provide support directly. Establishing a Wyoming Trust Agreement — Family Special Needs requires careful consideration of the individual's specific needs and circumstances, as well as compliance with state laws and regulations. It is recommended to consult with an experienced attorney specializing in trust and estate planning to ensure that the trust agreement meets all legal requirements and addresses the unique needs of the individual with special needs.