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Special Needs and ABLE Account Planning (Minnesota)

Writer: Mike Rogers
Mike Rogers
3 days ago
5 min read

Special needs planning is the work of saving money for a family member with a disability without putting their eligibility for Medicaid or Supplemental Security Income at risk, and for most Minnesota families the two main tools are a special needs trust and a Minnesota ABLE account. 360 Financial, a fee-based fiduciary firm with offices in Wayzata and Elk River, Minnesota, works with parents and grandparents who want to help without accidentally disqualifying the person they are trying to support.

 

A mother in St. Michael told us she had been afraid to put her son's birthday check anywhere but a drawer, because she had heard that the wrong kind of account could cost him his benefits. She was not wrong to be careful. She was just missing the tools built for exactly this problem.

 

Why This Is Different From Ordinary Saving

 

Many government benefits that people with disabilities rely on, including Medicaid and Supplemental Security Income, are means-tested. In most cases, an individual cannot have more than $2,000 in countable assets in their own name without risking that eligibility. A well-meaning gift, an inheritance, or even an injury settlement deposited directly into the person's own account can trigger a loss of benefits that took years to qualify for in the first place.

 

Special needs planning exists to solve that specific problem: how does a family save, gift, and plan for the future without the money counting against the person it is meant to help.

 

ABLE Accounts: Tax-Advantaged Savings That Does Not Count Against Benefits

 

A Minnesota ABLE account lets an eligible individual, or their family on their behalf, save and invest up to the annual contribution limit each year without those funds counting toward the $2,000 asset limit, up to a much higher total balance cap. Earnings grow tax-free when used for qualified disability expenses, a broad category that includes housing, transportation, education, health care, and assistive technology.

 

ABLE accounts work well for:

 

  • Everyday and near-term expenses the family wants to cover without benefit interruption

  • Smaller dollar amounts from relatives who want to give directly and simply

  • A beneficiary who is comfortable managing or overseeing their own account, since the ABLE owner typically controls the funds

 

Eligibility generally requires that the disability began before age 46, and Minnesota residents are not required to use Minnesota's own ABLE plan, so comparing a few state plans on fees and investment options is worth the time before opening one.

 

Special Needs Trusts: Built for Larger Amounts and Longer Horizons

 

A special needs trust, sometimes called a supplemental needs trust, holds assets for the benefit of a person with a disability while a trustee, not the beneficiary, controls distributions. Because the beneficiary does not own the assets directly, a properly drafted trust does not count against the asset limit for Medicaid or Supplemental Security Income.

 

Special needs trusts tend to make more sense than an ABLE account when:

 

  • A larger inheritance, settlement, or life insurance payout needs a home

  • The family wants a trustee, rather than the beneficiary, managing distributions over decades

  • The money needs to last well beyond an ABLE account's annual contribution limits

  • Parents want the plan to continue working the same way after they are no longer able to manage it themselves

 

The two tools are not competitors. Many of the Minnesota families we work with use both: an ABLE account for day-to-day flexibility and a trust for the larger, longer-term pool of assets.

 

Tool

Best for

Who controls it

ABLE account

Smaller, flexible, everyday expenses

Account owner (often the individual)

Special needs trust

Larger assets, long time horizon

Appointed trustee

Both together

Families who want flexibility and a longer-term plan

Shared, by design

 

The Part Families Most Often Miss: Updating the Rest of the Estate Plan

 

A special needs trust only works if the rest of the family's estate plan points to it. We regularly see wills, life insurance policies and retirement account beneficiary forms that still name the person with a disability directly, which can undo years of trust planning in a single oversight. Grandparents' estate documents are an especially common gap, since they are often drafted without full visibility into a grandchild's benefits situation.

 

Coordinating a special needs trust with retirement accounts carries its own wrinkle. Naming a special needs trust as the beneficiary of an IRA, rather than the individual directly, can preserve both the benefits and a more favorable distribution schedule, but it has to be drafted correctly from the start. This is planning that touches an estate attorney, a CPA and a financial advisor at the same time, which is how our wealth management team approaches it.

 

Our LifeWealth Process looks at Family, Occupation, Recreation and Money together, and for families doing special needs planning that usually means starting with a plain conversation about what a good life looks like for the person being supported, then building the account structure, trust, and estate documents around that picture rather than the other way around.

 

Frequently Asked Questions

 

What is the difference between a special needs trust and an ABLE account? An ABLE account is an individual savings account with an annual contribution limit, generally controlled by the account owner. A special needs trust holds larger amounts for a longer horizon, controlled by a trustee rather than the beneficiary. Many families use both.

 

How much can I contribute to an ABLE account each year? Contributions are capped at the annual federal gift tax exclusion amount, with a higher limit for an ABLE account owner who works and does not participate in an employer retirement plan. Limits are indexed for inflation and worth confirming for the current year.

 

Will money in an ABLE account or special needs trust affect Medicaid or SSI eligibility? When set up and used correctly, assets in a Minnesota ABLE account or a properly drafted special needs trust generally do not count against the $2,000 asset limit for Medicaid or Supplemental Security Income. Incorrect use, such as naming the individual directly as a beneficiary elsewhere, can undo that benefits eligibility.

 

Can grandparents contribute to a grandchild's special needs planning? Yes, and it is one of the most common gaps we see. Grandparents' own wills and beneficiary forms often still name the grandchild directly rather than a special needs trust, which can disqualify benefits even when the parents' planning is done correctly.

 

Do I need an attorney to set up a special needs trust? Yes. A special needs trust needs to be drafted by an attorney experienced in this area, since the exact language determines whether it is treated as countable or excluded for benefits purposes. We coordinate with your attorney as part of the broader financial plan.

 

When You Are Ready, We Are Here

 

If you want a calm conversation about special needs planning, ABLE accounts, or how your estate documents currently coordinate with your family's needs, you can book a free 15-minute introduction with a fiduciary advisor at schedule.360financial.net.



You can also call the Wayzata office at 952-542-8900, the Elk River office at 763-241-0841, or reach the team through the contact page.


The opinions voiced in this material are for general information only and are not intended to provide specific advice or recommendations for any individual.

 

This information is not intended to be a substitute for specific individualized tax or legal advice. We suggest that you discuss your specific situation with a qualified tax or legal advisor.

 

This article was created for informational purposes only. LPL Financial makes no representation as to its completeness or accuracy.


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360 Financial

360 Financial is an independent wealth management firm with a team of specialized financial advisors and financial planners.

 

Founded by Mike Rogers, AIF®, 360 helps investors with sudden wealth, retirement planning, tax planning, estate planning, and business financial planning. 

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