Special needs trusts provide for continuing conservation and enhancement of the assets transferred to the Trust to supplement, not supplant, other benefits for which the beneficiary might be eligible as a result of the beneficiary’s disability, whether through public or private, profit or non-profit corporations or agencies. Trusts can be Self-Settled which are generally funded from a personal injury lawsuit and have a payback provision for benefits paid by a public agency at the death of the disabled person, or may be Third Party which is simply an Inter Vivos or testamentary trust created by a family member with their own funds with the intention of benefiting a disabled person without disqualifying the disabled person for public benefits
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