Special Needs Planning
We are special needs planners.
If a person relies on public benefits to meet his or her basic needs, then the receipt and retention of a personal injury/worker’s compensation settlement, inheritance, or alimony award will jeopardize the individual’s ongoing eligibility. The practical result: the settlement will be used to meet the individual’s basic needs until the money is gone and the individual is once again eligible for benefits. By crafting a plan specific to the individual’s need, he or she will be allowed to maintain the settlement proceeds and government benefit eligibility. The settlement proceeds will then be used for goods and services not paid for by government benefits and thereby enriching the individual’s quality of life.
Navigating the issues regarding settlement options and funding trusts can be extremely complicated. We provide advice on allocation issues associated with different settlement options and identification of issues regarding state/federal law requirements so that the injured person can obtain or maintain public benefits. We also provide the same service for family law attorneys. In addition to more traditional trusts, we draft these trusts particularly suitable for individuals who are receiving public benefits or who may receive public benefits in the future: