Because these same individuals could receive any funds remaining in the trust upon the death of the individual with special needs, courts are concerned that they may intentionally minimize funds provided to the disabledindividual.
Trusts established by the disabledindividual themselves are frequently established by people with disabilities caused by an accident or medical malpractice who later receive proceeds from a personal injury award or settlement of some sort.
Most special needs trusts are created by a parent, grandparent, or other family member but the disabledindividual may be able to create the trust himself depending on the program for which they are seeking benefits.