Special Needs Trust Expenditures Can Include, But Are Not Limited To:
CAUTION: Do not distribute funds directly to the beneficiary. The above goods and services must be paid directly from the trust to the vendor or service provider. Distributions from a first-party special needs trust must be for the sole benefit of the beneficiary.
Special Needs Planning for Extended Family Members
Estate planning for families who have a son or daughter with special needs not only includes creating the appropriate legal instruments for the nuclear family – it extends to other family members such as grandparents, aunts, uncles, brothers and sisters. One of the primary goals in special needs planning is to direct family assets into…
Special Needs Planning and Life Insurance
Funding a special needs trust in an amount sufficient to purchase supplemental goods and services, advocacy, and other important benefits is a basic objective in special needs planning. Since most special needs trusts created by parents for their son or daughter are funded upon the death of one or both parents, it is an obvious…
Preparing a Life-Planning Document for Your Disabled Family Member
A “life-planning document” for your disabled family member does more than preserve and protect his or her safety and security. It is also to help him or her enjoy a better quality of life. Producing a life-planning document for your disabled family member is not a legal imperative. It is, rather, a moral one. Preparing…
OBRA `93 Changes in Medicaid Transfer of Asset Rules
Medicaid is the government program that pays for, among other things, long-term care for the elderly and the disabled. For millions of people who are disabled and poor, Medicaid pays for acute health care, dental care, respite services, rehabilitation therapies, assistive technology devices and other community-based services and supports. OBRA ‘93, which President Bill Clinton…
Creating a Real Home for a Family Member with a Disability: Top Ten Tips
Following are some important items to take into consideration when creating residential supports for family members with a disability 1. FUTURE OF GOVERNMENT RESOURCES There is no dispute that the current economic conditions facing the nation, the states and our local communities will continue. It is estimated that 45 states are expecting budget shortfalls in…
Memo to Trustees of OBRA ’93 Supplemental Needs Trusts
This memo is intended to help you properly administer an OBRA ‘93 or a Supplemental Needs Trust for its beneficiary. We recommend you keep this memo for future reference. The purpose of the OBRA ‘93 Trust or a Supplemental Needs Trust is to allow the disabled beneficiary to benefit from the funds in the trust…
Introduction to Social Security Benefits Available to Persons with Disabilities
If you are disabled and incapable of substantial gainful activity, you may be eligible for either Supplemental Security Income (SSI) or Social Security Disability Income (SSDI). Both of these programs pay money to persons who are disabled and incapable of substantial gainful activity (as of 2019 substantial gainful activity is defined as the ability to…
Special Needs Trust Helps Ensure Support, Care
Estate planning for parents with a dependent who has a disability is a complex process. Most parents find it difficult to even contemplate their death and, as a result, planning can be an upsetting experience for families. It is not unusual for parents to feel either too young to consider estate planning or to feel…
