Question: My mother is receiving Medicaid now and wants to transfer her home to her son who is disabled, under 65 years old and has an income of less than $2,000. Can she do this even if she is [...]
Question: I am the trustee of my sister’s special needs trust. My sister lives in California. Is it necessary to have a special needs lawyer in California for administering trust related [...]
When children with special needs reach age 18, their parents are no longer their legal guardians and conservators. They may find that all of the sudden doctors and other health care professionals [...]
In 2014, Congress passed the much-anticipated Achieving a Better Life Experience (ABLE) Act to permit the creation of savings and investment accounts for people receiving public benefits and [...]
As if the Medicaid and Supplemental Security Income (SSI) rules weren’t complicated enough, the Department of Housing and Urban Development (HUD) has its own trust rules for people living in [...]
While setting up a special needs trust will shelter assets—whether inherited (read here), earned, or won as a personal injury settlement or judgment (read here)—so they won’t be counted in [...]
People with disabilities can receive substantial funds whether due to settling a personal injury lawsuit or receiving an inheritance. And some people become disabled later in life as the result [...]
While all parents must plan to make sure that their minor children will be taken care of in the event of the parents’ death or disability, for parents of children with special needs, these [...]
Similar to (d)(4)(A) or payback trusts described here, (d)(4)(C) or “pooled disability” trusts, permit disabled individuals to shelter assets and still qualify for Medicaid and [...]
As explained here, Medicaid would count the funds in most trusts you created for yourself or for your spouse as being available if either of you were to apply for benefits. However, the Medicaid [...]