Our Special Needs Trusts lawyers work hard to make sure your loved ones remain eligible for government programs. Having a specialist on your team matters.
Rokisky, McCune, Wilharm & Blair have worked with families all over the Ohio Valley and West Virginia, preparing and completing Special Needs Trusts. From reviewing over qualifications to researching the latest updates in the law, we are equipped to handle all of your questions and concerns.
What is a Special Needs Trust?
Supplemental needs trusts-or “Special Needs Trusts” allow a disabled beneficiary to receive gifts, lawsuit settlements, or other funds and not lose eligibility for certain government programs. These trusts are drafted so that the funds will not be considered when eligibility for public benefits is determined. These trusts are designed to pay for comforts and luxuries other than basic support.
Who is eligible for a Special Needs Trust?
To qualify for a special needs trust, the beneficiary must be under the age of 65 and disabled. This document (trust) can be created by a guardian, parent, grandparent, or a court. There are several types of Special Needs Trusts. Two common forms are Third Party SNT and First Party SNT. There are specific qualifications and guidelines for each version of the SNT. Our team can assign you a Special Needs Trusts Lawyer to help determine the best SNT for you.
Common Special Needs Trust Topics
Ineligible Special Needs Trust Expenses
There are some basic expenses that should not be paid through a special needs trust without consultation from a special needs trusts lawyer:
- Cash given directly to the beneficiary for any purpose
- Food, groceries, and restaurant meals (some exceptions)
- Rent or mortgage payments
- Property taxes
- Utilities and Utilities Hook-up Expenses (electricity, water, and gas)
- Homeowners insurance if the insurance is a mortgage requirement
You can learn more from Special Needs Answers website.
Non-countable resources are types of property not considered to be a resource by the SSI and Medicaid programs for purposes of determining the owner’s program eligibility. A beneficiary can usually own a substantial amount of these types of property without losing eligibility for SSI and Medicaid. Some common items include:
- One Home
- One Motor Vehicle
- Home Furnishings
- Property Essential for Self-Support
- Burial and Life Insurance Policies
Additional Help and Resources
Rokisky Law has been the Ohio Valley’s leader in Elder Law and we continue to provide the community with information through articles and videos.
Subscribe to our bi-weekly show “Senior Living Today” or watch it live on WTOV9 (Sundays 11:00 am).
You can also read more about Estate Planning and Elder Law on our Estate Planning Blog.