Supplemental Needs Trust Lawyer O’Fallon, MO
If you are raising a special needs child or have an adult special needs child living with you, no doubt have wondered who will provide for this individual after you are gone and you may be looking to consult with a supplemental needs trust lawyer in O’Fallon, Missouri. The team at Legacy Law Center is ready to help.
You may be asking, is there a way to make sure your loved one is provided for and taken care of in the manner you desire? There is a way to plan for this by creating a special needs trust. Working with an supplemental needs trust lawyer serving O’Fallon, MO, you can create a way to ensure the special needs, finances, and lifestyle of a loved one who is unable to do so for themselves.
These trusts are often used so that the beneficiary does not lose any government assistance they currently receive. If you leave your special needs relative assets in your will, especially money, they may be disqualified from receiving the government assistance they currently have because the amount of their inheritance may disqualify them from receiving benefits such as:
- Supplemental Security Income
- Vocational rehabilitation
- Subsidized housing
In addition to having a will, create a special needs trust and place the assets you want for your loved one in that trust. The beneficiary (your special needs relative) does not have any control over the management of the trust; that responsibility falls on the trustee. Therefore, when the SSI and Medicaid program administrators look at the assets of your special needs relative, any assets or funds held in the trust will be ignored when qualifying for these programs.
A special needs trust can also be set up to hold any monies received from a settlement or inheritance money that the beneficiary may receive in the future to be used strictly for purposes defined in the trust. These funds are protected and not counted against the beneficiary when qualifying for government programs. In addition, if at any time the beneficiary is brought into a court case and someone files a claim against them, any funds in the special needs trust are protected from any judgment. The skilled team at the Legacy Law Center has helped countless families navigate these situations and protect their assets.
What if we do not need the benefits from government programs?
In addition to sheltering funds and assets in order to maintain the use of government programs, a special needs trust can specifically address the needs of your disabled relative as opposed to other types of trusts, which do not. Down the road, there still may come a time when your special needs loved one could benefit from a government program. By consulting with an O’Fallon, MO supplemental needs trust lawyer the particular details of your situation can be examined.
How is the trust accessed to take care of the special needs beneficiary?
The trustee cannot give money directly to the special needs loved one. If they do so, they could disqualify them from receiving government benefits. The trustee uses the funds and assets of the trust to purchase necessary items on your behalf to your loved one. Items that can be purchased for the beneficiary using the trust fund assets include:
- Costs for personal care attendants
- Furnishings and upkeep expenses for housing
- Dental and medical expenses
- Physical therapy and rehabilitation
- Recreational activities
Working with a supplemental needs trust lawyer O’Fallon, MO
Creating a special needs trust to make sure your loved one is taken care of per your directions and with your assets can provide you with peace of mind knowing that when you are gone, the needs of your loved one will be met.
The team at Legacy Law Center has helped many families like yours. If you need guidance from a supplemental needs trust lawyer in O’Fallon, MO call the Legacy Law Center now.