Special Needs Trust Attorneys in Phoenix
Interested in Setting up a Trust? We Can Help!
If you are responsible for the care of a disabled or special needs loved one, a special needs trust is a valuable tool that allows you to supplement their income without disqualifying them for Medicaid or other government benefits. These benefit programs have limits to how much income and property a person can have to be eligible. With a special needs trust, you can set aside assets and property intended specifically for their care, without it being counted against their benefit eligibility.
Setting up a trust can be complex, and you want to be certain that your interests are protected. Our Phoenix special needs trust attorneys can work with you to make sure your trust is established correctly. Because we have extensive special needs planning, estate planning, and long-term care planning experience, we understand the intricacies of state and federal benefit programs and how a special needs trust can be used to provide additional and much-needed support.
What Can the Funds in a Special Needs Trust Be Used For?
Funds in a special needs trust can be used for, among other things:
- Specialized medical equipment not covered by Medicaid
- Annual check-ups
- Special dietary needs
- Attendance of religious services
- Vehicle adaptations for accessibility
- Supplemental education and tutoring
As long as your trust meets the requirements, your loved one can still receive the best of both worlds and have the things he or she needs for a higher quality of life. The trust we draw up must be designed to supplement the public benefits and not replace them. This way, your loved still gets help from the government (food, shelter, and clothing) and can still receive funds for the other, extraneous things you would like your loved one to receive.
Supplemental vs. Special Needs Trusts: Is There a Difference?
If you’ve been researching special needs trusts, you have probably come across information regarding supplemental needs trusts. Today, these terms are used interchangeably and actually refer to the same thing. Decades ago, however, when special needs planning first took hold in the U.S., the trusts created for persons with disabilities were often referred to as supplemental needs trusts. The name came from their purpose: to supplement the support provided by public benefit programs. That name gradually fell away, and today all first-party and third-party trusts established for persons with special needs are referred to as special needs trusts.
Do I Need a Lawyer to Set Up a Special Needs Trust?
You may be able to establish a standard, straightforward special needs trust on your own, but this comes with some risk if you choose to forgo professional help. A lawyer who has experience with special needs trusts can help you understand exactly what property can be included in the trust and can ensure it is legally sound and truly aligns with your needs. You can avoid potentially costly mistakes and achieve peace of mind knowing that the trust will serve its intended purpose.
Find out more about how our Phoenix special needs trust lawyers can help by calling (602) 900-9860.