Grand Junction Special Needs Trust Attorney
Are You Caring for Someone with Special Needs?
An adult under the age of 65 or a child under the age of 18 who is disabled or incapacitated may qualify for government assistance if he lacks sufficient income and assets to care for himself.
Providing for a Special Needs Person
A Special Needs Trust (sometimes referred to as a "Supplemental Needs Trust") is a type of Irrevocable Trust established for the purpose of providing funds to a disabled person without disqualifying him from receiving government benefits such as Medicare, Medicaid and Social Security Disability. This type of Trust allows the Grantor (typically the disabled person's parents) to provide supplemental funds to the disabled person for luxury items not covered by government programs. In most cases, the Special Needs Trust is not created or funded until after the death of the Grantor. However, a Special Needs Trust may be established and funded during the Grantor's lifetime.
Special Needs Trusts must be drafted so that the Trustee cannot distribute funds to the disabled beneficiary if such distributions would disqualify him from receiving government assistance. Further, the Trustee must have total discretion (subject to instructions in the Trust) to determine when and under what conditions funds can be distributed to the beneficiary.
Also, keep in mind that a Special Needs Trust is not (and cannot be) intended to pay for shelter or food. Rather, they are established to provide funding for items that are not paid for by government programs such as a high-tech wheelchair, cable TV service and travel and entertainment. Still other examples include funds for education, counseling, elective medical procedures and recreational activities. Finally, a Special Needs Trust also can purchase a handicap accessible home or vehicle for the beneficiary's use as long as the Trust holds the title to the property.
If you are the parent or grand-parent of a special needs child, you should consider establishing a Special Needs Trust for the child's benefit since leaving him or her assets in excess $2,000 will disqualify him or her from receiving government assistance. A properly drafted Special Needs Trust will provide peace of mind for the parents by insuring that the needs of their child will be met - even after the parents' death.
Special Needs Trust Lawyer in Grand Junction
The Law Offices of James A. Littlepage , a Grand Junction Estate Planning firm, has been helping families with Special Needs Trusts since 1993. Our firm is known for our friendly service, clear communication and commonsense advice. We make an extra effort to explain legal matters in plain language. For assistance in drafting a Special Needs Trust that is tailored to the needs of your family, please contact our Grand Junction office for a complimentary 30 minute consultation for estate planning and probate.
Contact a Grand Junction special needs trust attorney at the firm for help in setting up a special needs trust.