SPECIAL NEEDS TRUSTS 

When a disabled person receives a personal injury settlement or an inheritance is there a way to keep SSI and Medicaid benefits?

In many cases it is possible for the disabled person to establish a specific type of trust, often called a Special Needs Trust, to preserve eligibility for SSI or Medicaid benefits, while still having the trust available to supplement those government benefits. This type of trust is very complex, involving state and federal government benefit laws and regulations and federal tax laws applicable to trusts.

Our law firm has extensive experience in consulting with attorneys, disabled individuals and their families to determine if a Special Needs Trust is appropriate for a disabled individual who has received a lawsuit settlement or an inheritance.  We review the various benefits that the disabled person receives and advise the parties on which benefits will be impacted by a personal injury settlement or inheritance.  When appropriate, we will draft a Special Needs Trust for a disabled individual, assist in transferring assets to the trust and we will advise the trustee on how to administer the trust consistent with the requirements of the SSI and Medicaid programs.

How can I provide for my disabled child or family member in my estate plan?

One of the biggest concerns for parents of a disabled child is how to provide for their child after both parents have died.  Individuals with a disabled parent, sibling or loved one may also want to provide a bequest in their estate plan for the disabled person. Government benefits for the disabled such as SSI and Medicaid are very important but are often not adequate to meet all of the needs of the disabled individual, especially when the parents or caregiver are no longer able to provide the primary care giving. 

There is a way to preserve your disabled loved one’s ongoing eligibility for government benefits while still setting aside funds in a Special Needs Trust to enhance or supplement the government benefits.  At Isenhour Bleck, we have assisted thousands of families of disabled individuals to include a Special Needs Trust in their estate plan to provide for the disabled loved one.  We tailor the trust to meet your specific and unique concerns and will counsel you and the nominated trustee on how the trust should be administered to protect your disabled family member and to ensure that your goals are met.