“特殊需要信托”仍存短板，业内呼吁顶层制度协同

Core Viewpoint - The introduction of the "special needs trust" concept in China aims to provide a structured solution for the care of vulnerable groups, including disabled individuals and the elderly, through a legal and financial framework [1][2][3]. Group 1: Special Needs Trust Overview - The "special needs trust" is defined as a trust established to meet the specific living needs of designated beneficiaries, primarily focusing on individuals with disabilities or elderly individuals requiring care [1][2]. - As of November 2024, there are approximately 35 million disabled elderly individuals in China, projected to rise to 46 million by 2035, highlighting the urgent need for sustainable care solutions [2]. - The trust mechanism allows families to institutionalize care responsibilities, ensuring long-term support for special needs individuals, thereby enhancing their quality of life and dignity [2][3]. Group 2: Legal and Institutional Framework - The establishment of the special needs trust is aligned with various legal frameworks, including the Civil Code and Trust Law, emphasizing the need for a legal basis to ensure sustainable support for special needs individuals [3][4]. - There is a call for collaborative efforts among various stakeholders to enhance the legal and institutional framework surrounding special needs trusts, ensuring effective governance and oversight [4][5]. Group 3: Challenges and Recommendations - Despite the promising outlook for special needs trusts, challenges remain, including high tax burdens and the need for improved regulatory frameworks [4][6]. - Recommendations include adopting tax incentives for special needs trusts, similar to practices in other countries, to alleviate financial burdens on families [6][7]. - The importance of governance and supervision in the establishment and management of special needs trusts is emphasized to prevent potential conflicts and ensure the protection of beneficiaries' interests [5][6].