Worcester Lawyer for Special Needs Planning
If you have a child or another loved one with special needs, you want to ensure that his or her financial needs are taken care of in the future. Setting up a trust is one of the most effective ways to protect your loved one financially and ensure that he or she maintains eligibility for government programs such as MassHealth, SSI and SSDI.
I am Nicholas W. Daviau, and I established my law firm, Daviau Law Offices, PC, in 2011 to provide people in Worcester and throughout Massachusetts with effective and affordable legal services. As a Worcester special needs planning attorney, I am committed to helping you create a trust that provides for the needs of your disabled loved one.
Protect Your Loved One With a Special Needs Trust
A large inheritance or sum of money given directly to a person with special needs will make him or her ineligible to receive public health benefits. A properly drafted special needs trust or supplemental needs trust ensures that your disabled loved one receives the assets in the trust without being disqualified from public benefit programs.
A special needs trust can be funded by the disabled person’s assets or with assets from a third party such as a parent. The assets in the trust can be used for items or services that are not covered through government assistance, including vacations, educational programs, personal care items and medical treatments or therapies not covered by a government program. The funds in the trust will be distributed to the beneficiary by a trustee at his or her discretion. This ensures that they are used correctly and do not affect your loved one’s eligibility for public benefits programs.
Certain transfers to special needs trusts are not subject to the five-year look-back period, which also make them a good Medicaid planning tool for elderly individuals with disabled family members.