Special Needs

In order to preserve eligibility for public benefits, such as Medicaid, the Med-Waiver program, or Supplemental Security Income (SSI), a person who has been deemed as disabled cannot own property. Often the best planning technique is for a family member to execute a Supplemental or Special Needs Trust or to incorporate a testamentary trust within their own estate plan. This type of trust, when established by a family member, is called a third party special needs trust and is not subject to Medicaid payback.

If an individual who relies on public benefits does inherit property directly or becomes the recipient of a settlement or other windfall, that individual can set up a first party supplemental needs trust to hold the assets and preserve their eligibility for benefits. This type of trust is subject to a future Medicaid lien. A consultation with an Elder Law attorney is important to discuss how to properly create and fund the trust, whether a spend down is necessary or desirable, and how to best accomplish the individual’s goals. Other options to discuss may involve a Pooled Trust.

For proper planning, it is critical to know exactly what type of benefits the individual with a disability is receiving or is eligible to apply for. Attorney Martini can assist in applying for Medicaid or Med-Waiver benefits, handles Med-Waiver appeals, and can counsel special needs families on proper estate and special needs planning. If you have been denied benefits or have received a notice from the Agency for Persons with Disabilities that you or your family member have received a Notice of iBudget Amount that reduces your annual iBudget, level of supports, or residential habilitation rate, you have the right to appeal that decision and request a Fair Hearing.