Special Needs Trusts
Providing for Disabled Child or Vulnerable Adult
Hoyle Law, LLC, can help protect your disabled child’s eligibility for government assistance while also protecting assets that can be used for quality-of-life expenses. The firm’s deep understanding of the complex Medicaid and Social Security Disability regulations enables us to set up a special needs trust to withstand government scrutiny.
Serving Monmouth and Ocean counties from Allenhurst, the firm represents parents of adult children with developmental disabilities, or any client charged with the care of a disabled adult. Contact us at 732-988-9595 to discuss your situation.
A Properly Constructed Special Needs Trust
If the disabled person receives benefits from the Social Security Administration (SSDI or SSI) or the Veterans Administration, benefits could stop if that person inherits assets or receives proceeds from a lawsuit. Those assets would have to be spent down before qualifying again for Social Security.
By placing those assets into a special needs trust, the disabled adult has use of the assets but government eligibility is not rescinded. The trust can be used to fund “extras” for the disabled person (e.g., clothes, trips, entertainment), but not for food, rent or medical care. The key is knowing what expenditures are allowable and establishing the trust in compliance with federal regulations.