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Christina M. Eslinger of Marcus Law Firm, LLC has over five years of experience as a special needs attorney. If you are an individual with special needs, or a family dealing with the challenges of a loved one with special needs, the special needs practice of Marcus Law Firm, LLC will help you navigate the legal system, create a plan for the future, advise you about the availability of public benefits such as Medicaid, Medicaid Waivers and Supplemental Security Income (SSI), and advocate for the following:
- Autism
- Asperger Syndrome
- Down Syndrome
- Developmental Delays
Special needs trusts are an important planning tool that can be used when a disabled individual, or an individual with special needs, is the recipient of needs-based public benefits, such as Medicaid, a Medicaid Waiver, or Supplemental Security Income (SSI). Needs-based public benefits programs typically have extremely low asset limits, and provide only basic assistance to their recipients. The assets held in a properly-drafted special needs trust are considered exempt resources, and will not interfere with the trust beneficiary's eligibility for needs-based public benefits programs. The funds in a special needs trusts can be used to provide items and services for the trust beneficiary that improve the quality of his or her life, without resulting in the loss of eligibility for needs-based public benefits.
The Different Types of Special Needs Trusts:
There are special needs trusts that hold assets that originally belonged to the disabled individual, or individual with special needs. By placing those funds in a properly-drafted special needs trust, the individual can maintain his or her eligibility for public benefits to provide for his or her basic needs and also have the funds in the special needs trust to improve the quality of his or her daily life.
There are also special needs trusts that hold assets that originally belonged to someone other than the disabled individual (a parent or grandparent, usually). These trusts are usually used as part of the parent or grandparent's estate plan to provide for a child or grandchild with special needs. A special needs trust can be established for the child to receive his or her portion of the parent or grandparent's estate without causing any problems with the child's eligibility for public benefits.
Finally, there are special needs trusts that hold the assets of a number of individuals, pooled together and held in sub-accounts of one large trust.
Do You Need a Special Needs Trust?
You may want to consider a special needs trust if you are the recipient of Medicaid, a Medicaid Waiver or SSI and you have worked and accumulated assets, have received an inheritance, anticipate a divorce settlement, or have received or will receive a personal injury or medical malpractice settlement. A special needs trust will provide for your long-term care and quality of life without causing you to lose your Medicaid, Medicaid Waiver or SSI benefits.
If you have a child or grandchild with special needs and you wonder how he or she will be provided for after you are gone, contact Christina M. Eslinger to discuss updating or creating your estate plan with a special needs trust. Often well-intentioned parents and relatives leave part of their estate to their children or grandchildren with special needs, unintentionally causing eligibility problems with Medicaid, Medicaid Waivers and SSI. Instead, a special needs trust can be established for the child to receive his or her portion of the estate and still allow the child to continue to receive public benefits. A special needs trust can be established as part of your complete estate plan, along with your Last Will and Testament, Power or Attorney, Health Care Directives, and any other documents appropriate to your needs. A special needs trust will give you peace of mind that your loved one will have their basic needs met, and enjoy the quality of life you intend for him or her.
A special needs trust may also be a useful tool if you are disabled yourself, and you are a recipient of public benefits such as Medicaid, a Medicaid Waiver, or SSI, and you also have a child with special needs. The special needs practice of Marcus Law Firm, LLC is prepared to address the complex issues involved in such cases and will help coordinate a plan for you and your child with special needs.
If you are married, and you are concerned about long-term care for yourself or for your spouse, you should consult with us to discuss your long-term planning options with a special needs trust for your spouse.
If you have special needs or disabilities, or have a loved one who has special needs or disabilities, contact Christina M. Eslinger of Marcus Law Firm, LLC to discuss if a special needs trust is right for you. | 
