D4ADermatology for Animals (Campbell, CA)
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As discussed above, to qualify as a "d4A" or "d4C" trust, the trust must be created by a parent, guardian or court from the disabled individual's assets.
How is a d4A trust different from special needs trusts established using the funds of a third-party?
A d4A trust is a "self-funded" special needs trust--that is, the money or property going into the trust belongs to the disabled trust beneficiary.
For these reasons, assets belonging to a third party should never be added to a d4A trust.
A d4A trust can be used when a person with disabilities under the age of 65 receives funds that will cause ineligibility for government benefits such as SSI or Medicaid.
The advantages of a d4A trust are only available to an individual with disabilities.
Generally speaking, the trustee of a d4A trust is authorized to spend trust principal and income for goods and services not otherwise provided through government assistance.
To date, there is limited case law to assist trustees in determining the standards governing distribution from d4A trusts.
(Because of this repayment provision, d4A trusts are often referred to as "payback" trusts.)
* Third, accounts can be established by a parent, grandparent, legal guardian of the disabled individual, by the court, or (unlike the d4A trust) by the disabled individual him or herself (provided, of course, that the individual is a competent adult).
* Fourth, like the d4A trust, the d4C trust must be used for the "sole benefit" of the disabled trust beneficiary.