How to Set Up a Special Needs Trust in Minnesota
If you have a child or loved one with a disability, you may be wondering how to provide for them financially without putting their public benefits at risk. That’s where a special needs trust comes in.
In Minnesota, a special needs trust (also called a supplemental needs trust) allows you to set aside money for someone with a disability without disqualifying them from essential programs like SSI or Medicaid. These trusts are carefully designed to cover “extras” that improve quality of life—things like education, travel, therapies, and assistive devices—without replacing government benefits.
There are different types of special needs trusts depending on where the money comes from. A third-party special needs trust is funded by someone other than the person with the disability—typically a parent or grandparent. A first-party trust, on the other hand, is funded with the disabled person’s own assets, often from an inheritance or legal settlement. Both require specific language and must follow federal and Minnesota rules to remain valid.
Setting up the trust involves choosing a trustee (the person who will manage the funds), clearly defining how the money can be used, and making sure it’s coordinated with your broader estate plan. If the trust is part of your will, it’s critical that your documents are consistent. We often work with families in Rochester, Lake City, and Cannon Falls to make sure everything lines up correctly.
You’ll also want to consider naming backup trustees and making plans for what happens if your family’s needs change down the line. A well-drafted special needs trust gives you flexibility, protects your loved one’s eligibility for benefits, and gives everyone involved greater peace of mind.
We help parents and caregivers throughout Southeastern Minnesota create special needs plans that actually work—not just on paper, but in real life.



