Preserving Public Benefits While Adding to the Quality of Life for Those With Special Needs

Loving parents work diligently to provide for their disabled children, but are often concerned with what the future might hold for the child when they are no longer able to provide the same level of care or after they pass away.

The United States government provides some financial assistance and support for the disabled through the Social Security Disability (SSDI), Supplemental Security Income (SSI) and Medicaid (Medi-Cal in California) programs. These programs, although beneficial, are rarely sufficient to provide a proper quality of life for the disabled. The eligibility rules are quite burdensome, complex, and are subject to change.

Special needs planning is therefore critical for persons with disabilities to have or maintain a reasonable quality of life.

Our special needs services include identifying and drafting the proper type of special or supplemental needs trust and advising the trustee as to proper expenditures from the trust. Spending from the trust for the wrong things could risk a reduction or elimination of the beneficiary’s public benefits.

The ABLE account is a relatively new tool that may provide a special needs beneficiary some autonomy and a means to save and grow assets without risking public benefits. Our attorneys can advise you as to how best to utilize this tool, which can be used either in conjunction with a special needs trust or as a stand-alone vehicle.
Let us help provide some needed peace of mind if there is a special needs beneficiary in your family.

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