Special Needs Law

SPECIAL NEEDS TRUST LITIGATION (for PI Attorneys)

SPECIAL NEEDS ALLIANCE

Caring for persons with special needs provides some of life's most challenging and rewarding moments. We recognize this and are proud of our extensive knowledge of the laws affecting people with disabilities. We understand that resources must last a lifetime while providing the greatest quality of life. To this end, maximizing governement benefits such as SSI and Medicaid is crucial, as well as a thorough knowledge of Special (Supplemental) Needs Trusts.

Do I need a trust?
A trust is needed if the person with disabilities is receiving Medicaid, SSI or any other government benefits. Even if they are not currently receiving benefits, a Special Needs Trust is necessary if there even may be a chance that they could receive benefits anytime in the future.

Who should be the trustee?
A combination of a family member and a professional is often the best choice for trustee. Just as the family member must be aware of the family's personal needs, the professional must also be aware of those needs as well as be educated about government benefits.

Can a Special Needs Trust purchase a home?
When receiving governmental benefits there are strict rules and regulations under SSI and Medicaid that must be taken into consideration before purchasing a home. This is a situation that requires the assistance of an experienced attorney who is familiar with how this decision might affect governmental benefits.

Can a Special Needs Trust purchase an automobile or a van?
Although insurance for the vehicle might be difficult to secure, a Special Needs Trust can buy an automobile or a van.

Can the beneficiary receive cash from the Special Needs Trust?
If a Special Needs Trust distributes cash to a beneficiary, it will reduce the SSI payment dollar for dollar. If the SSI payment is eliminated, Medicaid can be lost.

Do I Need a Payback Trust?
Usually, personal injury settlements fall under this category because the funds being used to establish the trust belong to the trust beneficiary. This is when a Payback Trust may be required. If the parents used their funds to establish a trust for a child, it is not required to add a payback provision.

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