Typically, assets which are left in a will to a disabled child will act to reduce or eliminate eligibility for governmental benefits until those assets have been exhausted. There is, however, a special kind of trust referred to as a “supplemental needs trust” or “special needs trust” (SNT) that will protect those assets and allow them to be used for the benefit of the disabled child, but will not disqualify him or her from the governmental program. This is accomplished by restricting the types of things the SNT can pay for. They do not pay for food or lodging but they do pay for things to enrich the life of the disabled child.
If you have a situation involving a child or other person who is disabled or incapacitated you should consult with your attorney to determine whether or not any of the special needs options available can be used to benefit and protect a disabled or incapacitated person.