Part I of this two-part article discussed the general principles of special needs trust distributions, as well as in-kind support and maintenance rules, referred to as ISM. This second part addresses some of the most common requests for distributions and their implications for trust beneficiaries.
A special needs trust must be prudently administered in the best interests of the beneficiary, while avoiding adverse effects on the beneficiary's benefit eligibility. This type of trust is extremely helpful in promoting a higher quality of life for a beneficiary. Because of these trusts' complexity, professional guidance is generally recommended. However, where a need is demonstrated, with creativity the beneficiary's requirements can generally be met.
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