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DISTRIBUTIONS FOR ENTERTAINMENT, MEDICAL EXPENSES, CREDIT CARDS, DEBIT CARDS, AND GIFT CARDS

by Thomas D. Begley, Jr., Esquire, CELA DISTRIBUTIONS RELATED TO ENTERTAINMENT             Care must be taken when distributions are made for recreational activities, such as vacations.  Some entertainment activities involve shelter.  Taking a vacation usually involves shelter.  SSA defines income as something one can use to get shelter.  The POMS gives an example of an…

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ANALYSIS OF SPECIAL NEEDS TRUSTS

by Thomas D. Begley, Jr., Esquire, CELA Purpose             The purpose of a Special Needs Trust is to enrich the life of the disabled beneficiary while maintaining the beneficiary’s public benefits, especially SSI and Medicaid. POMS Considerations When Drafting a Special Needs Trust             Drafting a special needs trust requires designing it in a manner…

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ANALYSIS OF A POOLED TRUST

by Thomas D. Begley, Jr., Esquire, CELA Purpose             The purpose of a Pooled Trust is to ensure that the trust assets are used to enrich the life of the disabled person while maintaining vital public benefits. Trust Design             A Pooled Trust must be estab­lished and managed by a non-profit organization.  They are authorized…

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ADMINISTRATION OF A SPECIAL NEEDS TRUST

by Thomas D. Begley, Jr., Esquire, CELA PRELIMINARY MATTERS             Administration of a Special Needs Trust is complex.  It is critical that distributions be made in such a manner that the beneficiary maintains public benefits.  The trustee must be aware of the rules pertaining to each public benefit program to which the beneficiary is entitled…

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