DGAA bLAWg

Using a Special Needs Trust to Assist a Disabled Family Member

Web Admin - Friday, August 10, 2018
Inverness estate planning trust attorneyPeople who have saved money or accumulated assets over the course of their lifetime will often want to pass these assets on to their loved ones, either before or after their death. This is especially true when family members have disabilities or other special needs. However, when providing financial assistance to these family members, it is important to make sure that doing so will not make them ineligible for the public benefits they need to meet their needs. An experienced estate planning attorney can help you protect your loved ones’ interests by establishing a special needs trust.

Benefits of a Special Needs Trust

People with mental or physical disabilities are usually able to receive government benefits such as Supplemental Security Income (SSI) or Medicaid. However, eligibility for these benefits is based on the income earned and assets owned by the recipient; in most cases, a recipient must own no more than $2,000 in assets, and there are also limits on the amount of income they can earn. This means that if a well-meaning family member gives them money or other assets, either through a direct gift or an inheritance, it may make them ineligible for the benefits they need. 

To avoid jeopardizing a disabled person’s ability to receive public benefits, their family members can use a special needs trust (sometimes called a supplemental needs trust). This is a type of irrevocable trust in which the assets will be placed under the control of a trustee, which could be another family member or a financial institution. The trustee will then ensure that the assets are used to provide for the beneficiary’s needs.

There are specific rules that must be followed in special needs trusts. For instance, the trust can only be used to pay for certain expenses related to the beneficiary’s care, such as the costs of medical equipment, caretakers, transportation, or educational expenses. Using funds from a trust to pay for food or housing may make a beneficiary ineligible for public aid. 

Contact a Schaumburg Trust Attorney

Since a disabled person will often need assistance throughout their entire life, it is important to ensure that trusts are set up in a way that will provide them with the resources they need for many years to come. An Arlington Heights estate planning lawyer at Drost, Gilbert, Andrew & Apicella, LLC can help you create a special needs trust that meets your loved one’s needs, and we can help you address any other estate planning needs, ensuring that you can provide for your family both before and after your death. Contact us at 847-934-6000 to arrange a personalized consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.



Sources:
https://www.investopedia.com/terms/s/special-needs-trust.asp
https://money.usnews.com/money/personal-finance/articles/2015/11/04/how-to-draw-up-a-special-needs-trust-for-a-child-with-disabilities
https://www.cnbc.com/2017/10/25/how-to-set-up-a-special-needs-trust.html


Recent Posts


Tags

filing a medical malpractice claim Deer Park real estate law firm Illinois pedestrian accident attorney trench injuries caretaker rights boating accidents Class A misdemeanor startup company insurance denial appeals Deer Park accident attorney Crystal Lake civil litigation lawyer Inverness real estate attorney car accident Illinois estate planning law firm Schaumburg real estate lawyer ObamaCare Palatine corporate law attorneys CAM modern family estate planning Barrington civil litigation attorney Crystal Lake pedestrian accident lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Rolling Meadows insurance dispute lawyers, insurance dispute Des Plaines accident attorney Schaumburg probate attorney Rolling Meadows accident lawyer home inspection lawyer Illinois estate planning attorney Inverness estate planning lawyer criminal law Crystal Lake car accident lawyer spinal cord injury power of attorney for healthcare back injuries rollover accidents Palatine criminal defense lawyer Schaumburg criminal attorney Buffalo Grove car accident lawyer employment law natural gas explosion Schaumburg taxes corporate law Crystal Lake personal injury attorney Rolling Meadows real estate attorney real estate zoning insurance dispute attorney Schaumburg personal injury lawyers Des Plaines collections attorney traumatic brain injuries estate tax preventing accidents car crashes head on collisions senior citizens Crystal Lake will lawyer sexual images Exclusions healthcare Illinois personal injury attorney natural gas Schaumburg insurance lawyers living wills Illinois elder law attorney food poisoning IRS estate planning trusts real estate contract Des Plaines medical malpractice attorney POA Illinois employment law firm deadly crashes estate attorney Barrington Traffic Lawyer spinal cord injuries Attorney Ken Apicella Schaumburg estate planning lawyer Rolling Meadows litigation lawyer insurance disputes wills and trusts mortgage digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois Smoke Detector Act overtime pay revenge porn digital assets landlord tenant law Schaumburg construction accident lawyer Chicago lawyer Palatine construction attorney condo association Illinois insurance dispute lawyers agent Illinois wrongful termination lawyer wrongful death insurance attorney Rolling Meadows personal injury lawyer DUI defense car accident lawyer Des Plaines motorcycle accident attorney FSLA eluding a police officer personal injury lawyer Palatine traffic lawyer Buffalo Grove medical malpractice lawyers insurance claim Illinois job attorney Rolling Meadows Illinois workers compensation attorney Fourth of July Arlington Heights car crash attorneys attorney fees Inverness injury lawyer trucking accidents college kids foreclosed rental property marijuana Arlington Heights injury attorney owner responsibility Buffalo Grove corporate attorney Palatine punch death car crash BAC Palatine law firm pain and suffering insurance adjusters personal injury attorney Barrington employment law attorney Home Remodeling Repair Act Deer Park personal injury lawyer institutional trustee Rolling Meadows employment law attorneys business litigation Illinois defective products attorney Barrington criminal defense lawyer Crystal Lake bike accident lawyer bad faith insurance claims Schaumburg estate planning attorney Illinois traffic laws Chicago insurance claim attorneys Des Plaines Illinois speeding lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace holiday statistics dog bites insurance dispute Riverwoods estate planning lawyer Crystal Lake personal injury lawyer new real estate form texting and driving truck collisions financial advisors elder abuse Illinois insurance claim attorney Rolling Meadows insurance lawyer Palatine drug lawyer expungement accidental death benefits Illinois home inspection breathalyzer test medication errors pedestrian accident Palatine workers compensation lawyer Illinois mortgages Buffalo Grove probate lawyer dealing with problem employees Rolling Meadows personal injury lawyers workers compensation Kenilworth estate planning attorneys Palatine traffic accidents insurance claim denial products liability Palatine insurance lawyer Illinois red light cameras medical malpractice claims Schaumburg personal injury attorney power of attorney Crystal Lake pet attorney drug crime rollover car crashes Buffalo Grove law firm Kenilworth estate planning lawyer disability benefits internet Schaumburg car accident attorney Illinois employment laws job lawyers personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys employment attorney Illinois corporate lawyer traffic deaths drunk driving statistics life insurance policy employee misclassification Arlington Heights Traffic Lawyer bicycle accidents jet ski accidents DUI penalities Rolling Meadows drug defense attorney irrevocable trust Chicago insurance law firm liability claims Illinois Transfer on Death Instrument civil litigation attorney no contest clauses Illinois car accident attorney defective products lawyer first degree murder Crystal Lake medical malpractice attorneys operating agreements DNR Crystal Lake criminal defense attorney Affordable Care Act probate claims process Rolling Meadows insurance dispute lawyers manufacturing Arlington Heights wills and trusts attorneys Liquor Control Act Illinois rollover accident lawyers commercial real estate Landlord Tenant Ordinance Arlington Heights lawyer Palatine corporate attorney condo Rolling Meadows estate planning attorney Schaumburg Attorney Palatine civil litigation lawyer Illinois traffic accident lawyer landlord Food and Drug Administration's Food Safety Modernization Act car collision construction accidents Des Plaines drug lawyer personal injury claims traffic crimes Arlington Heights employment attorney reckless homicide Rolling Meadows DUI lawyer employment contract boating under the influence Arlington Heights wills and trusts lawyers crossover accidents insurance agent negligence Illinois Sales Representative Act pedestrian-automobile accident unpaid assessment sole proprietorship Crystal Lake car accident attorney GM ignition switches Barrington personal injury attorney murder defense pet law whistleblower protections Detainer Actions Illinois insurance claim dispute lawyers Chicago car accident lawyer Illinois Wage Payment and Collection Act Crystal Lake law firm distracted driving accident victims Schaumburg traffic lawyer Forcible Entry living trust unauthorized overtime wage theft Inverness personal injury attorney Des Plaines injury law firm Schaumburg elder law lawyer Schaumburg medical malpractice lawyer personal injury Schaumburg injury lawyer Illinois personal injury lawyer underinsured motorist mass shooting Colin Gilbert medical malpractice compensation personal injury claim Inverness elder law lawyer real estate Barrington criminal lawyer Crystal Lake employment lawyer Arlington Heights insurance attorney Inverness corporate attorney Illinois traffic ticket lawyer Schaumburg employment attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, Crystal lake insurance dispute attorney income distribution deducation PTSD Illinois real estate lawyer Illinois employment law attorney murder charges Illinois driving without license Illinois workplace lawyer estate planning attorney guardianship attorney Illinois bicycle safety Illinois attorney Arlington Heights personal injury attorney traffic offenses Buffalo Grove personal injury attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Long Grove wills and trusts attorneys Palatine Attorney probate process Palatine employment law lawyer Illinois collections attorney Barrington employment law firm vacation home underage DUI Des Plaines insurance attorney personal injury accidents probate lawyer creditors llinois Real Estate Lawyers Association bike accident Deer Park criminal attorney Barrington litigation attorney Illinois employment law Des Plaines pet law attorney Inverness probate lawyer residential real estate Rolling Meadows probate lawyer Legal Info Family Medical Leave Act criminal Illinois wills and trusts attorneys anesthesia errors privacy Illinois medical malpractice case Schaumburg corporate attorney in terrorem provision Crystal Lake employment attorney workers compensation benefits premises liability Crystal Lake accident attorney golf accidents Inverness insurance attorney federal regulations for LLCs Arlington Heights pedestrian accidents Arlington Heights car accident lawyer Chicago corporate attorney motorcycle accident lawyer insurance claims Illinois workplace discrimination attorney Des Plaines personal injury lawyer Barrington Illinois estate planning lawyer Illinois medical malpractice lawyers pedestrian accidents Barrington drug crime attorney workplace sexual harassment Des Plaines real estate attorney Barrington workers compensation attorney Rolling Meadows personal injury attorney Barrington estate planning attorney Illinois civil litigation lawyer employment law, Illinois employment laws traffic violations defense Palatine trusts lawyer digital information gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Palatine probate lawyer Employment Discrimination Law estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, trucking accident lawyers Palatine business attorney Schaumburg criminal law attorney Illinois Probate Act of 1975 living trust vs will insurance negligence underfunded trust Transfer on Death Instrument Rolling Meadows employment law attorney license reinstatement Illinois medical malpractice claim Barrington boating accident attorney IRA benefits real estate leasing Long Grove estate planning attorneys criminal defense medical malpractice Palatine estate planning lawyer Rolling Meadows Traffic Lawyer Rolling Meadows traffic attorney Arlington Heights TBI attorney Des Plaines Traffic Lawyer Illinois lawyer Schaumburg wrongful death attorney Barrington injury attorney employees drunk driving Barrington business law firm Retaliatory Discharge installment contracts Illinois insurance lawyer Schaumburg employment law attorneys unfunded trust insurance claim dispute Illinois insurance attorney FMLA Illinois will lawyer homestead rights Fair Labor Standards Act Joliet general practice lawyers compensatory time Long Grove real estate lawyer cell phone accidents living trust benefits clemency driving Crystal Lake injury attorney Barrington employment attorney Buffalo Grove employment lawyer breach of contract traffic violations Des Plaines personal injury lawyers digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Chicago estate planning traffic accidents liens Home Sale Contingencies Des Plaines tax law firm dynasty trusts brain injury fatal car accidents DUI Illinois registered agent Crystal Lake business law attorneys hands free device hiring employees Barrington estate planning lawyer pedestrian injuries, pedestrian fatality life insurance health insurance dispute Thanksgiving Des Plaines drug crimes lawyer Chicago employment attorney swimming pools surgical mistakes Illinois jet ski accident lawyer Illinois employee rights attorney. Deer Park motorcycle accident lawyer Rolling Meadows medical malpractice lawyers Rolling Meadows criminal lawyer Crystal Lake employment law attorney Palatine real estate lawyer caregiver Illinois wills and trusts cell phone denied insurance claim pregnant women Illinois estate planning jet ski license suspension DGAA car accidents deed transfer preventable medical errors murder Illinois trusts attorney Super Mario Rolling Meadows car accident lawyers car accident lawyers Illinois law Palatine employment attorney Inverness traffic law firm TBI hit and run accident medical marijuana Rolling Meadows corporate lawyer Mount Prospect real estate lawyer Crystal Lake insurance lawyer Illinois business lawyer drugs Rolling Meadows insurance attorney special needs trust digital evidence traumatic brain injury speeding loss of consortium Schaumburg personal injury lawyer Buffalo Grove traffic attorney BAIID Buffalo Grove criminal defense lawyer Palatine civil attorney IRELA low-ball insurance settlement trauma after an accident Chicago biking tips Illinois workers compensation lawyer Crystal Lake traffic lawyer Deer Park DUI lawyer sexual harassment Deer Park traffic accident attorney drug crimes lawyer license revocation Arlington Heights medical malpractice lawyer fiduciary rule distracted driving accidents defective products Des Plaines criminal attorney federal crimes right to work Illinois LLC creation Illinois probate lawyer Inverness accident lawyer suspended license Mount Prospect elder law attorney employment lawyer cell phone tower data traffic laws South Barrington real estate lawyer Illinois employment attorneys DUI attorney Barrington attorney Deer Park employment law attorney Illinois tax attorney civil rights violation traffic tickets Arlington Heights real estate lawyer foreclosure Arlington Heights personal injury lawyer denied insurance claims Des Plaines civil attorney Arlington Heights tax lawyer Barrington personal injury lawyer motorcycle accident Illinois Human Rights Act ken apicella probate fees LLCs vacation home fines rumble strips Chicago attorney slip and fall Buffalo Grove personal injury lawyer independent contractor Illinois motorcycle accident lawyer Kenilworth estate planning attorney work unions Arlington Heights Attorney insurance denials estate planning lawyer field sobriety test unpaid overtime insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys investment property wills Arlington Heights trucking lawyer Illinois employment law attorneys trust payments rest breaks Illinois small business Inverness civil lawyer Inverness real estate lawyer Buffalo Grove insurance claim dispute lawyers estate plan Barrington medical malpractice lawyers Rolling Meadows boating crash lawyer Deer Park workers compensation lawyer commercial leases estate planning for college students slip and fall accidents real estate attorneys Illinois personal injury gift taxes Jay Andrew employee discrimination life insurance lawyer nursing home negligence estate planning medical research Rolling Meadows employment attorney product liability Illinois business law atorneys severance agreements comp time automated cars employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Buffalo Grove real estate attorney Des Plaines real estate lawyer Inverness DUI lawyer consent to a search probate Crystal Lake traffic attorney denial of life insurance Arlington Heights criminal lawyer Illinois injury lawyer healthcare claims trustee Illinois insurance claims lawyers wrongful termination life insurance claims Arlington Heights wills and trusts lawyer Palatine employment lawyer capital gains tax Des Plaines DUI attorney fault based insurance real estate attorney Rolling Meadows traffic law firm Arlington Heights traffic attorney uninsured motorist Long Grove real estate attorney Schaumburg civil litigation attorney real estate lawyer drug possession small business BUI rent to own real estate contracts child safety Arlington Heights wills and trusts attorney Long Grove estate planning civil litigation Arlington Heights employment law attorneys South Barrington real estate attorney Illinois real estate Crystal Lake estate planning lawyer Policy Cancellation Rolling Meadows criminal attorney School Visitation Rights Act Chicago estate planning lawyer Illinois living will IRA trust transfer Colin H. Gilbert liability controlled substance pet bites Crystal Lake medical malpractice lawyer Illinois employment lawyer car crash injuries Rolling Meadows business lawyer minimum wage marijuana crimes attorney Illinois criminal defense attorney fiduciary rule delay Buffalo Grove injury lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Illinois trucking safety DMV Illinois insurance disputes Des Plaines claims law firm Chicago traffic lawyer insurance agents forming a corporation in Illinois Mount Prospect wills and trusts lawyers Illinois construction accident attorney Illinois personal injury lawyers Arlington Heights estate planning attorney boating DUI Chicago employment lawyer pizza emoji Schaumburg drug defense lawyer workers comp Chicago trucking accident attorney auto accidents insurance claim denials criminal record social media after death icy parking lots Chicago will attorney trusts Palatine injury attorney personal injury law firm Arlington Heights accident attorney Illinois DUI attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Rolling Meadows marijuana attorney changes to mortgage law blood alcohol content Mt Prospect Attorney Deer Park medical malpractice attorney problem employees Do Not Resuscitate Illinois insurance claim dispute lawyer blended families dram shop law Long Grove estate planning attorney advance healthcare directive appealing an insurance claim Rolling Meadows Attorney Illinois medical malpractice attorney Crystal Lake tax lawyer Deer Park traffic lawyer Whistleblower Claims Illinois traffic attorney involuntary manslaughter tax attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation insurance claim dispute attorney Self-Directed IRA Accounts Illinois Workers’ Compensation Commission elder law overtime violations Illinois pet lawyer Buffalo Grove traffic lawyers Schaumburg estate attorney real estate closing probate claims Crystal Lake medical malpractice law firm privacy laws Illinois boating accident lawyer Palatine personal injury lawyer commercial leasing bicycle dooring accidents paid sick leave Palatine elder law attorney insurance claim delay Rolling Meadows tax attorney drug crimes Illinois traffic attorneys loopholes license texting while driving employee rights ACA Federal Food Drug and Cosmetic Act Barrington real estate lawyer Illinois Des Plaines personal injury attorney meal breaks

Archive