Special Needs Planning
Los Angeles – Riverside – San Bernardino – Orange County – California
Planning For The Future of Your Disabled Loved One
If you are caring for a disabled child or loved one, the development of plan to care for that child or loved one after you are gone is one of the most important decisions you will ever make.
It is not enough to provide money and assets for them, because such a bequest may disqualify the beneficiary from receiving support through Supplemental Security Income (SSI) and Medi-Cal.
Nor do you want to rely on just public benefits for their bare necessities such as food, housing, and clothing.
Special Needs Trusts
The government has established rules for the establishment of a Special Needs Trust that manages assets for the recipient of SSI and Medicaid.
If you have a disabled child or loved one, a Special Needs Trust should be a critical part of your Estate Planning.
I have worked with many families to create a Special Needs Trust for their child or family member that preserves their eligibility for governmental benefits programs.
Supplemental Benefits for Your Disabled Loved One
A Special Needs Trust must be designed carefully so as to supplement, not replace public benefits.
Under a Special Needs Trust, funds can never be distributed directly to the disabled beneficiary.
Instead a third party trustee that you appoint provides goods and services for the use and enjoyment of the beneficiary, including:
- Supplemental education and tutoring
- Funds for trips and vacations
- Funds for entertainment such as movies, shows, and sporting events
- Personal care attendant and escort
- Religious service attendance
- Uncovered medical or dental expenses
- Hobby and recreational activities
Coordinated With Your Overall Estate Plan
Although a Special Needs Trust can be set up as a stand alone trust, it is more often set up as a sub-trust of your Living Trusts or Family Trust.
Funding can be set up through a variety of methods including life insurance.
Protect Your Rights and Assets
The protection of a vulnerable family member should not be delayed.
Call me directly at 1-714-385-0044 to schedule a consultation.
or email me.
Dwight Edward Tompkins, Trust Planning Attorney