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Clients with disabilities
have special needs, not only physical but financial and legal as well.
In the right circumstances, the use
of special needs trusts can be crucially important in helping to ensure that such clients
will have the financial resources (now and in the future) to meet their special needs
without losing their eligibility for public benefits such as Supplemental Security Income
(SSI) and Medicaid.
The SSI and Medicaid
laws and regulations are complex and constantly changing. Without the help of a
qualified attorney with a thorough knowledge of public benefits law, clients with
disabilities may see money received, for example from an inheritance or personal injury
settlement, quickly disappear to cover their ongoing medical expenses. With a
special needs trust, clients can maintain their eligibility for public benefits to cover
their basic needs of food, clothing, shelter, and medical care, while funds in the trust
can be used to provide their "special" needs not covered by government benefit.
For example, the trust could be used to pay for such things as education, travel
expenses, repairs and upkeep on a residence, a wheelchair-accessible van, dental and other
medical care not covered by Medicaid, even membership in a book club -- things which taken
together could make a significant difference in the client's quality of life.
Special needs trusts are also valuable for clients who want
to make provisions for a disabled child or grandchild in their estate plan to assure that
he or she can attain the highest possible quality of life.
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