Special Needs Trust Planning in California Polytechnic State University, San Luis Obispo County

Start with the beneficiary’s current benefits

Make a list of the benefits the person currently receives or has applied for. Include the program name as it appears on notices, the agency involved, and any recent letters about eligibility or payments. If a benefit is uncertain, record that as a question rather than assuming the person qualifies.

Trust assets and distributions can affect Supplemental Security Income (SSI). Certain special-needs and pooled trusts may fall within exceptions, but conditions apply. A trust that is not counted for SSI may still affect Medicaid eligibility, so an SSI-related answer should not be treated as a Medicaid determination.

• Gather current benefit notices and correspondence, including notices describing a change or review.
• Note the benefit program and the person or agency handling it.
• Write down questions about how a proposed trust or distribution could relate to each benefit.

Map assets and where proposed trust funds would come from

Before discussing trust design, prepare a clear picture of what the beneficiary owns or may receive. Record the asset type, whose name appears on ownership records, and whether another person controls or holds it. For possible future funds, identify the expected source—such as an inheritance, a gift, or another source—without assuming how a program will treat it.

Include available account statements, ownership records, and documents describing a potential transfer. The purpose is to let the discussion address both the asset and its origin; this checklist does not decide eligibility or establish that a particular trust will preserve benefits.

• List accounts, property, and other assets associated with the beneficiary.
• Identify the owner shown in the records and gather documents that clarify ownership or control.
• For funds being considered for a trust, note the source, anticipated timing if known, and any documents describing the transfer.

Bring existing planning and trust documents

Collect any existing trust documents, amendments, proposed drafts, and records about an existing special-needs or pooled trust. If family members are considering a future gift or inheritance, bring relevant planning documents or a concise description of the proposed arrangement.

These materials can help identify what is already in place and what questions remain. Do not assume that a trust’s name or stated purpose alone determines its treatment for SSI or Medicaid; the applicable conditions and the actual assets and distributions matter.

• Bring complete copies of existing or proposed trust documents, if available.
• Note who established the trust, who manages it, and what funds it holds, if known.
• Separate confirmed facts from unanswered questions about future funding or distributions.

Use the consultation to identify program-specific questions

A useful discussion compares the proposed trust and its funding with the beneficiary’s actual benefits and ownership records. Ask which provisions, assets, or distributions need further review for each program, and what additional documents would help clarify the issue. SSI and Medicaid should be considered separately because a trust’s treatment for one does not settle its treatment for the other.

Codi M. Dada Law Office P.C. has one physical office at 802 Grant Ave, Novato, California, and provides virtual services throughout California. California Polytechnic State University is an unincorporated community in San Luis Obispo County, not a location of a firm branch. A remote consultation can begin with the records gathered above; no particular benefit result can be promised.