Learn · Living Trusts

PA Special Needs Trust Types

By Sean Quinlan, Esq. · Updated January 15, 2025

Pennsylvania revocable living trust binder on a Camp Hill attorney's walnut desk
Pennsylvania revocable living trust binder on a Camp Hill attorney's walnut desk

A Special Needs Trust preserves means-tested benefits (Medicaid, SSI) for a beneficiary with a disability. The two main types behave very differently.

Third-party SNT

Funded by someone other than the beneficiary (typically parents). No Medicaid payback at the beneficiary's death — remainder can flow to other family.

First-party SNT

Funded with the beneficiary's own assets (often a personal-injury settlement). Subject to mandatory Medicaid payback. Authorized under 42 U.S.C. § 1396p(d)(4)(A).

Pooled trusts

Managed by nonprofit organizations — useful for smaller balances or where no trustee is available.

Disclaimer

This article is general information about Pennsylvania law as of the update date above. It is not legal advice for your situation and does not create an attorney-client relationship. For advice on your specific facts, please schedule a consultation.

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