Q: My son is 45 and on disability ss. I would like to be able to leave a small amount of money in a trust for him.

A: Yes, you can set up a special needs trust for your son without affecting his eligibility for Supplemental Security Income (SSI) and Medicaid benefits. A special needs trust, also known as a supplemental needs trust, is designed to provide financial support for a person with a disability while preserving their eligibility for government benefits.

Here are a few key points to consider:

1. The trust must be irrevocable and established by a third party (such as a parent) for the benefit of the person with a disability.

2. The trust assets must be used for the beneficiary's supplemental needs and not for basic needs covered by government benefits (such as food and shelter).

3. The trustee, who manages the trust, can be located in a different state than the beneficiary. In your case, the trustee can live in New York while your son lives in Florida.

4. It's essential to work with an attorney specializing in special needs trusts to ensure that the trust is properly drafted and complies with all legal requirements.

Keep in mind that if your son receives Social Security Disability Insurance (SSDI) instead of SSI, the rules may be different. SSDI benefits are not affected by assets or unearned income, so a trust may not be necessary in that case.

It's always best to consult with a qualified attorney who can assess your specific situation and provide guidance on the most appropriate course of action.