As the parent of neurodivergent children, Jillian Zacks is uniquely positioned to understand the nuances of special needs trusts, ensuring you or your family member are supported to the greatest degree possible. 

Jillian focuses on creating both self-funded and third- party funded special needs trusts tailored to secure you or your loved one’s future while also preserving access to public means-tested benefits such as Medicaid, waiver funds, and social security.  

Third-Party and Self-Funded Special Needs Trusts differ in the source of the funds used to establish them and their relationship to the disabled person. Jillian often asks clients “whose money is it?” Third-Party Funded Special Needs Trusts are established using assets that do not belong to the disabled individual receiving means-tested benefits; it is typically funded by family members.  

Self-Funded Special Needs Trust, often referred to as payback trusts, are funded with assets that belong to the disabled person. This could be from an inheritance, lawsuit settlement, or other personal funds such as UTMA accounts. Self-Funded Special Needs Trusts are subject to more stringent regulations and upon the termination of the trust, usually at the death of the beneficiary, every state that provided Medicaid benefits on behalf of the beneficiary has the right to be reimbursed for such benefits provided from the assets remaining in the trust.