Section I of this chapter provides basic background on Wisconsin’s versions of the major national public benefit programmes that, in large part, dictate the structure and function of the Wispact trusts, the form of distributions, and the level of control that can be given to beneficiaries. Section II provides basic information on the two Wispact trusts, and the division of responsibility between the entities that manage the trusts. Sectiont III provides a picture of the role played by US-SNTs in general, and the particular roles envisioned for the Wispact trusts by the people who worked to create them. Sections IV and V describe eligibility to be a Wispact beneficiary and the process for creation and funding of an individual account. Section VI describes Wispact’s distribution policies, respect for the voice of the beneficiary and methods for working within SSI and Medicaid income-counting rules. Section VII addresses Wispact’s efforts to make smaller accounts affordable, and the uses of Wispact’s charitable Retained Fund. Section VIII is a brief discussion of US income tax issues and expenses faced by Wispact accounts. Section IX contains comments of the author on the relevance of Wispact’s experience to a basic-support trust like the one being envisioned for Hong Kong, and on how Wispact does, or does not, promote the human rights of its beneficiaries.

This chapter evaluates the operation of Midwest Special Needs Trust (MSNT), an organisation created to establish and administer special needs trusts. A special needs trust is used as a fiduciary tool to serve persons with disabilities so that their assets do not affect the eligibility of means-tested social benefits. It starts with an account of the history of MSNT, and then examines the specific definitions and requirements of MSNT trust accounts, the roles and responsibilities of the Trustee and co-trustees, and the merits of MSNT. This chapter also considers important aspects of the administration of MSNT, such as the establishment and termination of trust accounts, staffing, fees and expenses, data management, and investment policy. Real-life cases are discussed throughout to show how MSNT helps to improve the quality of life of the disabled. This chapter concludes with thoughts on the future development of special needs trusts, including MSNT service enhancements and other financial tools, to assist the population with disabilities.