You’re not alone in this. As a parent who’s navigated these waters for over 18 years with my autistic son, I know the fear that keeps you up at night — the worry that one wrong move could cost your child their benefits, their care, their future. Take a breath. You’ve found the right place, and North Dakota has real options to protect your family.
Here’s everything you need to know about Special Needs Trusts and ABLE accounts in North Dakota — no legal jargon, just clear answers from a parent who’s been there.
Quick Facts: North Dakota Special Needs Trust Rules (2025)
- First-party Special Needs Trust allowed: Yes
- Third-party Special Needs Trust allowed: Yes
- Sole benefit rule: Yes
- ABLE contribution limit (2025): $19,000/year
- ABLE balance limit before SSI impact: $100,000
- Medicaid payback required: First-party trust only (not third-party)
- Age limit for first-party trust: Under 65 at creation
- Disability onset for ABLE eligibility: Before age 26
What Are the SNT and ABLE Rules in North Dakota?
Special Needs Trusts
- First-Party SNT: Yes
- Third-Party SNT: Yes
- Sole Benefit Rule: Yes
ABLE Account
- 2025 Limit: $19,000/year
- Age Requirement: Disability onset before 26
- Official Site: North Dakota ABLE →
Age Limits
Under 65 for first-party; none for third-party
Medicaid Payback
Yes (first-party only)
Third-party SNTs avoid payback entirely
Official sources: North Dakota Medicaid · SSA Guide to Special Needs Trusts
What’s the Difference Between ABLE and SNT in North Dakota?
Here’s what most websites won’t tell you: ABLE and SNTs aren’t rivals — they’re teammates. Many North Dakota families use both for complete protection. ABLE handles the day-to-day ($19,000/year for therapy, equipment, activities), while an SNT protects larger amounts (inheritance, lawsuit settlements, gifts over $2,000).
3rd-party: No
Do I Need an SNT, ABLE, or Both in North Dakota?
Answer 4 quick questions to get a personalized recommendation for your North Dakota family:
🧮 Do You Need a Special Needs Trust, ABLE Account, or Both?
Answer a few quick questions to get a personalized recommendation for North Dakota.
How Do I Get Started with SNT Planning in North Dakota?
📋 Free North Dakota Special Needs Planning Checklist
Get our comprehensive checklist covering Special Needs Trusts, ABLE accounts, benefit protection, and estate planning — customized for North Dakota rules.
What’s included:
- ✓ North Dakota-specific Special Needs Trust requirements
- ✓ ABLE account setup steps
- ✓ Documents to gather before meeting an attorney
- ✓ Benefit protection red flags
- ✓ Questions to ask your attorney
- ✓ Annual review checklist
📧 Get the free PDF checklist:
No spam. Just the checklist + occasional updates when North Dakota rules change.
What Mistakes Should North Dakota Families Avoid?
⚠️ Parent Traps to Avoid in North Dakota
From my 15+ years helping families (including my own):
- North Dakota enforces a sole benefit rule — document every SNT expenditure carefully.
- Not knowing ND uses the Bank of North Dakota for its ABLE program — unique setup.
- Thinking Fargo attorneys know western North Dakota — regional practices differ.
- Missing that North Dakota has very limited SNT attorneys — consider regional specialists.
- Forgetting ND's harsh climate requires planning for weather-related expenses in SNTs.
What Are My Next Steps?
How Do I Find a North Dakota Special Needs Attorney?
👨⚖️ Need a North Dakota Special Needs Attorney?
Get a free consultation with a verified special needs trust attorney in North Dakota. They understand the unique rules and can protect your child’s benefits.
- ✓ Free initial consultation
- ✓ Experienced in North Dakota Medicaid rules
- ✓ Can set up Special Needs Trusts and coordinate with ABLE accounts
How Does North Dakota Compare to Other States?
🗺️ How North Dakota Compares to Nearby States
Neighboring states: Minnesota, Montana, South Dakota
States with similar rules: South Dakota
States with different rules: Minnesota, Montana
💡 North Dakota and South Dakota both enforce strict sole benefit rules.
Moving or have family in another state? Compare states side-by-side →
More Resources
📚 Complete ABLE vs SNT Guide — Deep dive into when to use each
📊 Compare North Dakota to Other States — See how rules differ
📋 Resource Hub — Checklists, calculators, and guides
Last updated: December 2025. I review North Dakota rules quarterly and update this page whenever regulations change. Bookmark it.