Generally, this type of Trust is used to provide extra and supplemental monies to a disabled individual. The Trust can be set up by a third-party, such as a parent in their Last Will & Testament, wherein they leave monies to a disabled child for supplemental needs of the disabled child. The Trust allows the disabled child to continue to receive any available government assistance, and the Trust only pays for such things that are not covered by government assistance. The Trust can also be set up the disabled child in certain situations, such as the disabled child receives monies from a personal injury case. The main difference between the Trust set up by the Third Party or the Trust set up by the disabled child is who the beneficiary of the Trust will be upon the death of the disabled individual. If it is a third party trust, generally any beneficiary can be named. If it is a trust set up by the disabled child, the State must be the beneficiary of the Trust. Due to the ever change laws in the area of Medicaid, it is essential to consult a lawyer prior to establishing either type of trust. Improper drafting can result in the disabled child losing their government assistance.