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THE HOME

by Thomas D. Begley, Jr., Esquire, CELA HOW TO OWN THE HOME             One of the most significant issues facing every trustee of the special needs trust is housing for the trust beneficiary.  The monthly SSI payment is insufficient in almost every part of the country to provide housing, other than Section 8 Housing, to…

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SPECIAL ASSETS

by Thomas D. Begley, Jr., Esquire, CELA THE VEHICLE             The special needs beneficiaries and their families need to buy a vehicle, very often a handicap van.  The issue is:  who should own the vehicle? Trust Purchases Vehicle Titled in Name of the Trust             The advantage of this arrangement is that it gives the…

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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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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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