Do these questions ever keep you awake at night?

• Will your family have to go to court when you die?

• Who will take care of your children?

• Should your memory fail, or you feel you no longer think straight, will a trusted person manage your money and do things the way you want?

• Do you have a disabled child? What will happen to them when you die?

• Divorced or remarried? Are you sure that your children will be provided for when  you die?

Any family with a disabled child knows the future is full of uncertainties. Many disabled people depend on public benefits to pay for medicines, medical care, special housing, and a small stipend to pay for food and shelter.  The disabled and their family know that the public benefits provide for only the bare necessities. Nonetheless it can be devastating for a disabled person to lose their benefits if they receive money from an inheritance, settlement or other source. There are special trusts that can enable a disabled person to receive money, and retain their benefits.  These trusts are referred to as “Special Need Trusts “.  A family with a disabled child should establish s Special Need Trust for the disabled child, as part of their Estate Plan.  If properly drafted this trust can enable the Trustee to purchase a home for the disabled person, or to pay for trips to visit family, or go to Disneyland every year. The family can give direction to the Trustee and give their disabled child a quality of life not available through public benefits, without risking the loss of the other services available to the disabled.

There are Special Needs Trusts specifically designed to receive a settlement in a Personal Injury or Medical Malpractice case, these Trusts are often more flexible than a structured settlement, and enable a person to qualify for public benefits, and use the money received for the things they need but could never purchase with the minimal sum of money received through public benefits. The money can be used for education, job training, specially equipped vehicles, and medical care. A disabled person can take advantage of “Special Needs Trusts” for small settlements as well as large.  There are some well-managed Pooled Special Needs Trusts available or the disabled individual who receives a sum of $20,000.00 to $300,000.00 that eliminate the cost of court supervision.  A attorney trained in the area of Special Needs Trusts and Pooled Special Needs Trusts can provide a person who will be receiving money with an analysis of what kind of Special Needs Trust would be best suited to their needs.

There are strict rules and regulations that specify the uses of money placed in a Special Needs Trust.  The money is not available when ever the disabled beneficiary wants money. The Special Needs Trust is a protective Trust that allows money that a disabled individual receives to bee used for their benefit, while only going for purposes allowed by Federal and State Law.

A Special Needs Trust is a way of taking some of the burden from the rest of the family, and or giving the disabled person the independence and joy often denied them by the tyranny of needing certain benefits the government provides on condition you remain poor.