Answer:
Some people confuse a special needs trust with spendthrift trust provisions. Spendthrift trust provisions can be placed into any trust and are designed to give a trustee maximum discretion as to whether or not money should be distributed to an heir that has creditor problems. A special needs trust, however, is a trust designed for the protection of an heir that has a disability or is permanently incapacitated. Moreover, special needs trusts (SNT's) are generally drafted to preserve the ability of the disabled heir to receive SSI and Medi-Cal.
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