Distributions from Special Needs Trusts Relating to Medical Expenses
One of the most pressing needs for disabled beneficiaries is medical care. Medical Insurance It is crucial that the disabled beneficiary obtain some form of medical insurance.[1] Options include the following: Private Medical Insurance. Typically, the only source of private medical insurance at regular rates is through the parent’s coverage with the parent’s employer. Parents…
Special Needs Trusts/Parent as a Caregiver?
Frequently, a parent of a child with disabilities provides significant care to that child. Often, the mother is unable to work outside of the home because of the child’s care requirements. In determining whether and how much a parent can be paid for care of the child, both the Medicaid and SSI programs must be…
Administration of a Special Needs Trust
1. 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 or may become entitled. These benefits are…
When do I Need a Self-Settled Special Needs Trust?
In the settlement of litigation, the plaintiff is often receiving public benefits. The question then arises as to whether a special needs trust is required. There are certain types of public benefits that are means-tested. Others are not. Generally, means-tested public benefits require that the individual have assets of less than $2,000 and have certain…