Special Needs Trusts

Planning for Persons with a Disability to Help Maintain Government Benefits

One in five persons in the United States is living with a disability.  We can help clients find care, maintain qualification for government benefits, and properly secure finances to supplement government benefits.

Providing for a Child or a Loved One for the Rest of His or Her Life

If you are the parent of a child with a disability, you are your child’s greatest advocate.  And as your child’s greatest advocate, you want to make provision for your child’s future finances and enlist the most qualified individuals to care for your child when you no longer can.  You may also wish to make special provision for a grandchild, parent, brother, sister, or other loved one.

Supplemental Needs Trust

There are many issues to be considered in planning for a loved one who has a disability.  A Supplemental Needs Trust is the most important tool to make financial provision for your loved one.

Also to consider:

1. The choice of a future trustee,
2. Whether to use a pooled trust,
3. How to fund the trust, and
4. The level of funding.

Further, you need to consider:

1. The choice of housing,
2. Who will make health care decisions, and
3. Who will advocate for your loved one regarding government benefits.

We work closely with our clients to plan for the care of their child or loved one.

Self-Settled Special Needs Trust

Protect Litigation Settlements, Inheritances, Awards of Equitable Distribution, and other sums of money

A Self-Settled Special Needs Trust is appropriate for anyone determined disabled prior to age 65 who receives needs-based government assistance, and who then receives a sum of money through a lawsuit, inheritance, or other circumstances.  To prevent disqualification of benefits, those funds are placed into a Self-Settled Special Needs Trust making the funds non-countable for needs-based government assistance programs.

Protect Workers’ Compensation and Litigation Settlements

We have many years of experience in litigating and mediating workers compensation settlements.  We consult with Plaintiff’s attorneys and Plaintiffs to create Self-Settled Special Needs Trusts to protect settlements and government benefits.  Settlements often include a Medicare-Set-Aside (MSA) which is a countable resource for Medicaid purposes. However, claimants may need to qualify for Medicaid benefits in the future to pay for medical expenses, assisted living, or nursing home care.  The MSA placed in a Self-Settled Special Needs Trusts makes it non-countable for Medicaid programs.