Special Needs

Many families have members with special needs. These members may be unable to earn a normal living due to some physical, emotional or social problem, and often require government assistance to pay for their room and board. Other family members may want to help, but are hesitant to do so because giving property to the special needs member would make the person ineligible for public benefits.

Depending on what social services are involved specially written trust can allow a family to help its special needs members without disqualifying them from public benefits. This is done with special needs trusts. Properly written, these trusts allow you to enhance the life of someone receiving public benefits without giving them money directly and thereby causing them to lose their benefits.

Special needs trust are useful and flexible documents that can help a family in many circumstances. Even if public benefits are not involved, a family might be hesitant to transfer assets to a child because of addiction, mental illness or simply a history of handling money badly. A carefully written trust can provide for a vulnerable person without giving him or her complete conrtol of the funds.

An elder law attorney works with the family and the public agency to devise trusts that protect the family and the special needs member without disqualifying the family member from public benefits.

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