Injury Settlement Planning Attorneys • CALL TOLL FREE:     888-402-5680

We interface with all relevant government organizations to have the trust approved, and will attend court hearings on the client’s behalf to finalize everything in order to get the trust up and running.  Our assistance does not stop there, as we are available for continued support as needed as things arise in the future.

A Special Needs Trust can be an invaluable tool for a disabled person to “own” assets which would normally exceed the low limits required by Medicaid and SSI programs, without losing the benefits of these important programs.  A Special Needs Trust can be drafted in various ways but requires the following:

  1. The Trust must be established by the court, parent, grandparent or guardian of the disabled person for his or her sole benefit;
  2. The Trust must be funded prior to the disabled person’s 65th birthday;
  3. There must be a “payback” provision to reimburse any State who provided care through its Medicaid program upon termination of the Trust. 

When assisting plaintiffs desiring to use a Special Needs Trust, we interview the client as well as any other relevant people (such as family, caregivers, professionals, etc.) and determine the goals and draft the Trust along with any supporting documentation.  We also assist the client with understanding choices regarding what assets to place in the trust as well as how the trust will work on a daily basis. 

Special needs trusts