Persons who are mentally or physically disabled often have limited financial means. Government agencies may provide valuable services and programs to disabled persons based on a disabled person's income and resources. It is important to balance the preservation of a disabled person's assets while maintaining government benefits.
For this reason, it may be wise to establish a "Special Needs Trust." A disabled person who is eligible for governmental programs may be a beneficiary under a trust. However, it is important that the trust be structured so it is not considered a "resource" which may disqualify the disabled person from receiving governmental benefits.
Special Needs Trusts are non-grantor trusts and are important tools in maximizing the resources available to disabled persons. They should be carefully analyzed and prepared by qualified professionals.
For more information on JacksonWhite Elder Law services and Special Needs Trusts, or for questions regarding public benefits (Medicaid/ALTCS and VA) and other health care options, please call toll-free at 1.800.243.1160 or request a consult by clicking here. There is no cost for this initial phone consultation.
This site is informational only and should not be construed as legal advice. Receipt of this information does not create an attorney-client relationship. Please consult a knowledgeable attorney regarding your specific legal needs.