Lynnwood, Bellevue, and Seattle-Area Special Needs Trust and Disability Benefits Planning Attorneys
A typical estate plan will distribute your property to surviving loved ones and favorite charities. If your children are adults, you may choose to leave funds to them outright. If they are minor children, their funds may go into a trust with payouts at specified ages.
What if your child, spouse, parent, or other beneficiary suffers from a severe mental or physical disability? What if the loved one is chronically ill and cannot manage his or her affairs? Contact usto schedule an appointment to have these questions answered by an experienced special needs attorney who can advise you of your legal options regarding these types of situations.
Providing for Your Disabled or Chronically Ill Child, Spouse, Parent, or Other Beneficiary
People with disabilities are not eligible for certain government assistance programs, such as Medicaid and Supplemental Security Income (SSI), if they own assets or have income above certain limits. Someone who is receiving benefits, who then receives an inheritance, may lose his or her eligibility. That inheritance would then be the sole source for paying for health care and living assistance until the fund is exhausted. At that point, government assistance would again pay for the needed care.
Parents, a spouse, or other persons can provide for their loved ones by including a special needs trust in their will. Unlike a standard trust, which can be considered the property of the disabled person, Social Security and Medicaid do not consider a disabled person to be the owner of a properly drafted special needs trust. Thus, the special needs trust can provide for added treatment and comforts during the life of the disabled loved one, yet that loved one remains eligible for government disability benefits and assistance.
There are also special needs trust planning options available to disabled persons themselves if they have funds of their own or expect an inheritance or personal injury settlement or award. Instead of being required to spend the funds down, a special needs trust (with a Medicaid payback provision) can be turned so that it can preserve the transferred funds for the disabled person's benefit.
Our Special Needs Trust Services
The laws governing special needs trusts and their relationship to public benefit regulations are varied and complex, and you may need the assistance of an attorney with experience in this area. At Hickman Menashe, P.S., our lawyers provide:
- Education regarding special needs trusts
- Assessment of public benefits currently received and assets to be transferred into the special needs trust
- Outline of steps necessary to establish the special needs trust, drafting of appropriate documents, and help with the transfer of assets to the special needs trust
- Assistance in the administration of the special needs trust
Contact us and arrange an appointment to discuss establishing a trust for yourself or for your loved one with a special need.
For a private consultation with an experienced Lynnwood special needs trusts attorney, contact our office by e-mail or call us at 425-744-5658 (for client convenience we have a second office in Bellevue, Washington). We offer flexible meeting times to accommodate your schedule. Home and hospital visits can be arranged, if necessary. Our offices are accessible to persons with disabilities.
