August 24

Before You Open a Trump Account for Your Child with Special Needs: Read This First

The announcement was easy to celebrate. The federal government is depositing $1,000 into a new savings account for every baby born between January 1, 2025 and December 31, 2028, and any child under 18 can have a Trump Account opened on their behalf. To receive the government's $1,000 seed deposit, a parent or guardian must file Form 4547 with the IRS. The deposit is not automatic. The account grows through stock market returns on a tax-deferred basis. No taxes on the growth while invested, but ordinary income tax applies when funds are eventually withdrawn. It cannot be touched until the child turns 18.

For most families, this is straightforwardly good news.

For families raising a child with special needs who receives Supplemental Security Income or Medicaid, it is more complicated. The account that looks like a gift can, if not handled correctly, quietly trigger the loss of benefits your child depends on. The good news is that there is a clear solution. The important thing is knowing about it before you open the account, not after.

Why the Trump Account Creates a Problem for SSI Recipients

SSI, Supplemental Security Income, is a federal benefit program that provides monthly income to people with disabilities who have limited financial resources. To remain eligible, a recipient's countable assets generally cannot exceed $2,000. That threshold has been frozen since 1989 and has never been updated for inflation.

A Trump Account is treated as the child's own individual account. Under POMS SI 01120.250, the account is completely excluded from the SSI resource calculation during the growth period. The Social Security Administration does not count a Trump Account as a resource at all while the child is under 18. That exclusion holds until January 1 of the calendar year in which the child turns 18. But on that date, the exclusion ends and the Trump Account becomes a countable resource belonging to the adult SSI recipient. The countable value at that point equals the account balance minus any applicable early withdrawal penalty.

Here is where the math matters. The government's $1,000 seed alone brings a child to half the SSI resource limit. Add even a few years of modest contributions from family members, and the account balance can exceed $2,000 before the growth-period exclusion ends. When that happens, the child's SSI check can be suspended. In most states, losing SSI also means losing Medicaid, because eligibility for the two programs is linked.

The intent of the Trump Account was generosity. Without the right planning, the result for a special needs family can be a reduction in the very benefits they have built their child's care around.

The bottom line: A Trump Account that exceeds $2,000 in countable value will disqualify your child from SSI and Medicaid when the growth-period exclusion ends on January 1 of the year they turn 18. This is not a hypothetical. It is a direct consequence of how SSI resource rules work.

The Solution: ABLE Accounts

The cleanest way to protect your child's SSI eligibility while still benefiting from the Trump Account is to roll the funds into an Achieving a Better Life Experience (ABLE) account during the calendar year in which your child turns 17.

An ABLE account is a tax-advantaged savings account specifically designed for individuals with disabilities. The Social Security Administration excludes up to $100,000 in an ABLE account from the SSI resource calculation. That means your child can hold funds in an ABLE account without triggering the $2,000 eligibility limit, as long as the balance stays below $100,000.

Trump Accounts can be rolled into ABLE accounts, and when they are, the funds are no longer counted against SSI eligibility. The money is still available for your child's benefit. It is just held in the right structure. Under OBBBA Section 70204(a)(2)(A), the rollover does not count against the ABLE account's annual contribution limit. You can roll the entire Trump Account balance without it counting toward the $20,000 annual cap.

The rollover must happen during the calendar year in which the child turns 17, as a direct trustee-to-trustee transfer of the entire balance. Under IRC Section 530A(d)(4)(B), a partial rollover is not permitted.

The bottom line: The ABLE account is the solution. A Trump Account that flows into an ABLE account does not threaten SSI or Medicaid eligibility. The rollover window is the calendar year in which the child turns 17. Once that calendar year ends, the option is gone.

If your child is approaching the calendar year in which they turn 17, that window is closer than it may feel. This is the time to make sure the structure is in place, not something to plan after the fact.

ABLE Accounts Just Got Better

If you have not considered an ABLE account before, or if you looked at the rules a few years ago and moved on, the program has expanded significantly.

Under the original ABLE Act rules, only people whose disability began before age 26 were eligible to open an ABLE account. That excluded many adults with acquired disabilities. The eligibility threshold has now been raised to age 46, meaning a person qualifies if their disability began before they turned 46.

The annual contribution limit for ABLE accounts has also increased to $20,000 for 2026. Working beneficiaries who contribute from their own employment income may be able to contribute an additional amount beyond that standard limit, up to the federal poverty level for a one-person household, provided they are not also participating in an employer-sponsored defined contribution plan. For 2026, that additional contribution room is $15,650 for residents of the continental U.S. For employed adults with disabilities, this provision meaningfully increases how much can be sheltered from the SSI resource calculation each year.

These expansions matter for special needs families because they widen the range of people who can benefit and increase the amount of funds that can be sheltered from SSI resource calculations each year.

The bottom line: If you or someone in your family did not qualify for an ABLE account under the old rules, that may have changed. The expanded eligibility and increased contribution limits make ABLE accounts more useful than ever.

What a Complete Plan Looks Like

A Trump Account and an ABLE account are tools. They are not a plan.

A Special Needs Trust is necessary. It isn't enough.

A complete plan for your child with special needs includes a Special Needs Trust that holds assets for your child's benefit without affecting government benefit eligibility, a guardian who knows your child and has clear legal authority to make decisions if something happens to you, a trustee for the Special Needs Trust who understands the government benefit rules, a Letter of Intent that tells future caregivers who your child actually is, and your own incapacity and estate planning so that your child's security does not depend on nothing ever going wrong in your own life.

The Trump Account and ABLE account fit into that broader picture. But the question of how they fit requires knowing your child's specific benefit structure, your state's rules, and how the pieces interact with what you already have in place. If your child also has a 529 college savings account, note that rollovers from a 529 into an ABLE account count against the ABLE annual contribution limit, while a Trump Account rollover does not. A family navigating both will need to coordinate the timing carefully with their attorney and financial advisor.

That coordination is not a one-time exercise. As your child ages, benefit programs change, and family circumstances evolve, the plan needs to be reviewed and updated to stay current.

A general financial advisor who does not regularly work with special needs families may not know to raise these issues. The right planner will ask about every benefit your child receives before recommending any action.

The bottom line: Open the Trump Account if your child qualifies. But call your attorney first if your child receives SSI or Medicaid. The order of operations matters.

What You Can Do Right Now

If your child was born between January 1, 2025 and December 31, 2028, a Trump Account is available for them. If your child receives SSI or Medicaid, the next call you make should be to an attorney who understands special needs planning, not to TrumpAccounts.gov.

I help special needs families build a Life & Legacy Plan that accounts for every benefit their child receives, every legal structure that needs to be in place, and every coordination point between them. I understand the SSI resource rules, the ABLE account structure, the Special Needs Trust requirements, and how they all need to work together. I take the time to understand your child's specific situation, not just the general categories.

Schedule a complimentary 15-minute discovery call before you open the account, and let's make sure this opportunity doesn't become an unintended problem.

This article is a service of Ralston Law, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own, separate from this educational material.


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