Fundamentals of New York Supplemental Needs Trusts

A supplemental needs trust (“SNT”) is an irrevocable trust created for an individual with a disability which provides a pool of money to enrich his or her life while at the same time preserving eligibility for “means tested” benefits such as Medicaid and Supplemental Security Income (“SSI”).  

George Gray, attorney and author of the book Special Needs Planning: A Simple Guide for Families in New York with a Loved One with a Disability, provides a foundational overview of the creation and uses of a SNT in New York.  While many of the rules related to eligibility for “means tested” benefits are Federal in origin, each state has its own particular requirements for the qualification of a SNT which can create confusion in the mind of a practitioner.  Thus, this program focuses on SNT’s created in New York for beneficiaries located in New York.  

Mr. Gray specifically covers how to create a SNT, the difference between a “first party” SNT and a “third-party” SNT, and the interrelation of each with the eligibility rules for SSI and Medicaid. This program will be most useful to attorneys who have little or no familiarity with SNT’s who would like to expand their knowledge base into this specialized area of New York trust law.  It will also prove interesting to personal injury attorneys who represent a client with a disability as a result of medical malpractice or a traumatic injury.  

Learning Objectives:

I.   Understand eligibility for “means tested” benefits

II.  Grasp the creation and use of a “first-party” SNT

III. Familiarity with the creation and uses of a “third-party” SNT