Unfortunately, we at FriedmanLaw have seen SNTs drawn by attorneys without special needs experience make the costly mistake of including a Medicaid pay-back provision even though pay-back is not required because the trust will be funded entirely by parents and grandparents. (A special needs trust is required to repay Medicaid when the disabled beneficiary dies only if the trust contains amounts attributable to the disabled beneficiary such as a law suit recovery.) The effect is to require payment to Medicaid of money that could go to loved ones instead.