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Home » FAQ’s » Special Needs Planning FAQs

Special Needs Planning FAQs

    • What is special needs planning?

    • Special needs planning creates a legal structure that supports a loved one with a disability without disrupting eligibility for needs based benefits.
      The goal is to provide long term financial stability, preserve access to programs like SSI and Medi Cal, and give you a way to direct resources without placing assets in the beneficiary’s name.
      A well designed plan coordinates your estate documents, your beneficiary designations, and any support you intend to provide during your lifetime.

    • What is a special needs trust?

    • A special needs trust holds assets for the benefit of a person with a disability while keeping those assets out of the beneficiary’s direct ownership. That separation protects eligibility for needs based programs.
      The trustee manages the assets and uses them to supplement, not replace, public benefits. A special needs trust can pay for services, therapies, education, transportation, and other quality of life expenses that government programs do not cover.

    • Why can’t I leave an inheritance directly to my loved one?

    • A direct inheritance counts as a resource for SSI and Medi Cal. Even a modest amount can push the beneficiary over the asset limit and cause a loss of benefits.
      Reinstating those benefits can take months or longer. A special needs trust avoids that disruption by keeping the inheritance outside the beneficiary’s ownership while still allowing the funds to be used for their benefit.

    • What is the difference between a first party and third party special needs trust?

    • A first party trust holds the beneficiary’s own assets, such as a personal injury settlement or an inheritance received without planning. These trusts must include a payback provision that reimburses Medi Cal upon the beneficiary’s death.
      On the other side of the coin, a third party trust holds assets contributed by someone else. These trusts do not require a payback provision and can direct remaining assets to other beneficiaries after the primary beneficiary’s lifetime.

    • Who should serve as trustee?

    • The trustee must be someone who can manage money, follow legal requirements, and make careful decisions. Some people choose a relative who understands the beneficiary’s needs.
      Others prefer a professional trustee who can handle the administrative responsibilities. The trustee must follow the trust’s instructions and must avoid giving the beneficiary cash or direct payments that could jeopardize benefits.

    • What can a special needs trust pay for?

    • A special needs trust can pay for a wide range of expenses that improve the beneficiary’s quality of life. These may include therapies, medical equipment, education, transportation, personal care services, travel, recreation, and certain housing related costs.
      The trust cannot provide cash directly to the beneficiary, and it must avoid payments that reduce SSI benefits. A trustee who understands these rules can prevent accidental benefit disruptions.

    • How does a special needs trust interact with Medi Cal and SSI?

    • Medi Cal and SSI have strict asset and income limits. A properly drafted special needs trust keeps trust assets out of the beneficiary’s countable resources.
      The trustee must follow distribution rules carefully so that payments do not count as income. When the trust is administered correctly, the beneficiary can keep essential benefits while receiving supplemental support from the trust.

    • What happens if I already named my loved one directly on my accounts?

    • Beneficiary designations override your will and trust. If your loved one is named directly, the inheritance will go to them outright and may disrupt benefits.
      Updating your designations is essential. A third party special needs trust can be named instead, allowing the inheritance to pass safely without affecting eligibility.

    • How does special needs planning fit into my overall estate plan?

    • Special needs planning must be integrated with your will, your trust, your powers of attorney, and your beneficiary designations. Each document plays a role.
      Your estate plan should direct assets into the special needs trust, give your chosen decision makers the authority they need, and avoid any structure that places assets in the beneficiary’s name.
      Coordination prevents gaps that could cause benefit loss or administrative problems.

    • What happens to the trust after the beneficiary’s lifetime?

    • A third party special needs trust can direct remaining assets to other beneficiaries, while a first party trust must reimburse Medi Cal before distributing anything else.
      Your estate plan should specify how remaining assets are handled so the trust ends cleanly and according to your wishes.

Ready to take the next step?

If you are ready to work with an Inglewood, CA estate planning lawyer to provide for your loved ones in the optimal manner, send us a message or call us at 610-677-9787.

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Client Review
August 19, 2020
    

“My mother told me about the Collins Law Group and I must say, the entire experience has been a real pleasure. Although I was nervous at first, the Collins Law Group staff put me at ease with their friendliness and knowledge. I didn’t realize how hard it could be on your family and loved ones left behind if you die without any planning or directions in place for them. My biggest concern was making sure my elderly mother would be provided for and taken care of if something happened to me. I have been a caregiver for her for 12 years, so this planning was crucially important. I had previously made a living trust for myself on Legal Zoom but there is no comparison to the level of service and professionalism that Collins Law Group embodies. Attorney Collins and her staff provides excellent service and it will take a large burden off of my family when they need guidance at the time of my passing.”

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