Discretionary Trust for Your Non-Special Needs Child

Perhaps you have a child who is not “disabled,” but has failed to make their way in the world. We should talk about creating a discretionary trust for your non-special needs child. It might look like a special needs trust, but it doesn’t have to carry that name (nor, indeed, do most special needs trusts — but that’s a different story). It’s primary purpose is not to protect public benefits based on disability — because your child hasn’t been found to be disabled. But you can give a trustee the discretion to decide how much help and support your child needs, just as you do now.