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

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

Archive