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New York Special Needs Planning Lawyer
It takes careful planning to provide properly for a loved one with a disability. Families with children with special needs have to be aware of financial planning tools like special needs trusts. They also must consider guardianship and transition planning, as well as providing for their loved one in their estate plan.
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Children and adults with disabilities often rely on public benefits, especially Supplemental Security Income (SSI) and Medicaid. These programs are need-based, which means they have strict income and resource limits.
This can present a dilemma, as families naturally want to help provide their loved one with a secure future, but transferring certain resources to the individual will trigger ineligibility for vital benefits. Special needs trusts are one solution to this problem.
Special needs trusts, also known as supplemental needs trusts, allow you to set aside funds for an individual with a disability, without jeopardizing their eligibility for public benefits. As with other kinds of trusts the person creating the trust (who is known as the trustor or grantor) designates a trustee who controls distributions of money for the benefit of the beneficiary (the person with a disability).
Because the money in the trust is not held in the name of the beneficiary, it does not count as a resource for SSI and Medicaid.
Rules for Special Needs Trusts
This type of trust can be a crucial tool to improve the life of a person with a disability.
In order to meet the requirements of government benefit programs, the funds in a special needs trust can only be used for certain supplemental needs, not for basic necessities such as food or housing. Trust funds can be used for things like travel, education, recreational and cultural experiences, and medical expenses not covered by Medicaid. Trust funds cannot be used for groceries, rent or mortgage payments, renter's or homeowner's insurance, utilities, restaurant meals if on a regular basis, or cash given to the beneficiary.
Creating a special needs trust is complicated, and there are many detailed rules that must be followed, so consulting with a special needs planning attorney is essential.
- Funds in a special needs trust can only be used for certain supplemental needs, not for basic necessities.
- Supplemental needs include travel, education, recreational and cultural experiences, and medical expenses not covered by Medicaid.
- Basic necessities include groceries, rent or mortgage payments, renter's or homeowner's insurance, utilities, restaurant meals if on a regular basis, or cash given to the beneficiary.
- Funds in a special needs trust can only be used for certain supplemental needs, not for basic necessities.
- Supplemental needs include travel, education, recreational and cultural experiences, and medical expenses not covered by Medicaid.
- Basic necessities include groceries, rent or mortgage payments, renter's or homeowner's insurance, utilities, restaurant meals if on a regular basis, or cash given to the beneficiary.
Planning for your child's future can seem overwhelming but you do not need to face these tasks alone.
In fact, seeking the assistance of an attorney is the best approach.
When you consult with Littman Krooks special needs planning attorneys, we will take the time to get to know your child's needs and your family's goals for the future. We will make sure you understand your options to achieve those goals, and help you put the necessary tools in place.
We look forward to helping you build a secure foundation for your child's future.
Littman Krooks is a Proud Member of the Special Needs Alliance
The Special Needs Alliance is a national organization comprised of attorneys dedicated to the practice of special needs, guardianship, disability and public benefits law.
The Special Needs Alliance is an invitation-only organization whose membership is based on a combination of relevant legal experience in the disability and elder law fields, direct family experience with disabilities, active participation with national, state and local disability advocacy organizations, and professional reputation. Littman Krooks is the only firm in the Westchester, Hudson Valley and New York City area with Special Needs Alliance members.
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Littman Krooks LLP combines extensive legal knowledge and expertise with individual attention to your needs. For over 25 years, we have brought astute, honest counsel and strong, thorough representation to every one of our clients.
What Our Clients Say About Us
I highly recommend Litman Krooks for special education needs and advocacy. Marion Walsh and Sandi Rosenbaum were able to help us secure the educational services that our child needed, and they did it with extremely little time to prepare. We were very impressed with their responsiveness and willingness to take our case with just a few days notice.
- S.M-C. February 21, 2018
The professionals at Littman Krooks are top notch, smart, attentive, and effective. Our case against the school district for our daughter was resolved in a positive outcome within weeks. I would highly recommend Marion Walsh for all of your most complicated situations. She has great experience and knows the law!!!!
- T.N. March 2, 2018
Bernie Krooks is among the leading Elder Law Attorneys in the country and I have seen how he serves his clients with professionalism, unsurpassed knowledge and true empathy. As an attorney, I have worked with Bernie on a number of cases. I have seen first hand how he exceeds client expectations. Very impressive.
- S.M. March 4, 2017
Amy O'Hara, Esq, and her support team were first rate in addressing our estate planning needs. They are experts in the field, skilled and quite professional. They were very helpful to us.
- T.B. January 8, 2018
Our family relied on the calm caring expertise of the Littman Krooks staff and attorneys to guide us through a difficult time. I have recommend the firm wholeheartedly to other families and will definitely use them again should the need arise.
- P.F. February 4, 2019
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This article does not constitute legal advice and should not be relied upon. If you need legal advice concerning this or any other topic please contact our offices to schedule a consultation with one of our attorneys at 914-684-2100 or 212-490-2020.
