A Special Needs Trust is a type of Trust that is set up for the benefit of people with special needs. It safeguards their right to be eligible for government aid, funds, and other programs, as well as helps them financially.
In some cases, you want to help a family member or friend with special needs, but you do not want them to risk their eligibility in government programs. In the same way, you want to ensure that the trust that is set up actually helps the beneficiary. With the help of a lawyer, you can set up to help the family member.
What is a Special Needs Trust?
This type of trust allows you to help your differently-abled family members or friends without having the risk of them losing any other assistance. It allows you to help them without risking their assistance from the government or any other agencies meant to help disabled people. You may consider setting up a Special Needs Trust if you want to help a family member but do not want to risk them losing eligibility to any Special Needs programs by the government or other agencies.
It can safeguard your assets to be used by family members with special needs. People who have disabled family members must consider setting up a trust for the member. This legal action will allow the disabled person to enjoy financial benefits from your assets. There are different types, and searching for a special needs trust attorney near me can be helpful in understanding the legal aspects. There are two kinds:
- Traditional Special Needs
- ABLE Special Needs
When do you need an attorney? When you need an attorney, the most is when there is a conflict involving missing or lost money, assets, or income regarding the disabled person? Each state has different laws and policies regarding the management of assets for special needs people. Everyone must follow and understand these laws, such as beneficiaries, family members, government agencies, etc. The money from these special needs trusts can be used for medical purposes, transportations, pet care, or any other similar expenses. If you want to establish in California, you may consult a lawyer for additional assistance.
Advantages of a Special Needs Trust
There are many benefits of establishing. It will be beneficial for both the donor as well as the beneficiary. With the help of searching for a special needs trust attorney near me, you can set up the right type of trust and benefit from it. Some of the benefits include:
- The person with a disability will still have access to all government aids, programs, and supplements for disabled persons.
- Establishing trust gives the person security their money will be used as per their desires.
- Can be irrevocable. What that means is, any lawsuit or person can not make the trust invalid. Thus, it gives relief to the donor of the trust that their money is in safe hands.
- Depending on the type of trust, anyone can contribute to it. Thus, you do not need any relation with the beneficiary to help them.
Can be terminated only if:
- There are no trust funds present in the trust, and it depletes.
- The person who is benefiting from the trust does not need any more benefit from the government.
- In some cases, if the person who benefits from the trust dies.
Special Needs Trust California
Special Needs Trust California works in the same way as any other type. It is established so that a person with special needs can benefit from the trust. For instance, if you have a relative who is differently-abled or qualifies under the spectrum of special needs, you can set a special needs trust for them. You may need the help of a special needs trust attorney near me to draft the California Special Needs Trust.
The trust may be either a first-party special needs trust or special third-party, needs trust. It depends on the situation of the case to identify what type of trust is more suitable. Searching for an attorney can help you as they can provide you guidance about what type of trust may be more fit.
The third-party trust is set up by a family member to help the person with special needs. They may put some money in the trust and help the disabled family member. On the other hand, a person funds trust themselves in the first-party. The person may get the property by inheritance, divorce proceedings, retirement, or any other similar things. For more information, you may consult a lawyer for setting up in California.
How Does This Type Of Trust Work?
In simple words, a trust is a legal settlement that allows the parties in it to benefit from it. A person creates trust with the help of a legal advisor, and it works in a simple way as it involves almost three parties. Those are:
- One of the parties is the donor, who agrees to share their funds and for the setup of the trust.
- The second party is the one that is appointed by the donor to oversee the trust and funds. They are called the trustees and help with the management of the trust.
- The last party is the one who benefits from the funds known as beneficiaries.
A typical trust works in the same way. It allows the management of the funds or property and may be used for estate planning. The donor or the person who created the trust may have some specific wishes regarding the management of the funds. The trust remains valid even after the death of the owner and is a popular solution among people.
It works in the same way, but it is a more tailored solution that best fits the needs of a differently-abled person. In this case, a donor may set up the trust, but they do not have to compromise on the eligibility of the beneficiary in other special needs programs.
Anyone can proceed with setting up the trust with the help of an attorney near me, if relevant. For example, if an elderly person wants to qualify for medical aid but at the same time wants to help a family member with special needs, they can set up the trust.
Special Needs Trust Attorney – Why Do You Need One?
Special Needs Trust is a critical legal matter that needs to be taken care of by experienced attorneys only. Why do you need an attorney when you can simply give money to the person? Well, most of the time, the person with special needs is provided government assistance. State authorities will offer financial help for such people. Offering money without drafting a legal document or setting up a Special Needs Trust can sabotage the funding received by the government.
When Do You Need An Attorney For Your Trust?
Here are the situations when you require an attorney:
- For financial management services
- To address any development and compliance issues regarding the disabled person in terms of financial management.
- When it comes to drafting legal documents like durable power of attorney, living will
- If there is an issue involving assets that can jeopardize or compromise the benefits that a person can receive from the family member with special needs from government assistance programs such as SSI and Medicaid.
- When there is a need to manage and protect the assets or income of the disabled person.
- An effective parenting plan for special needs children.
- To protect the financial aspects of the disabled person from creditors, relatives, and family members who desire to settle their debts using the funds received by the disabled person through Social Security benefits (SSI).
- To provide a secure plan for the future financial needs of the disabled member of your family.
Benefits of Trust Lawyer
Special Needs Trust attorney Sacramento can assist you with everything that you need to know about this legal action. There are certain legal and financial benefits of setting up a trust that can benefit both parties. They can receive your financial help without jeopardizing the state funding.
This will enable special needs people to enjoy the money that is given to them. The beneficiary will have the right to do whatever he wants with it, including spending or investing it. The trustee has full control over the funds given. Our attorneys can be your right partner when dealing with this matter since they have an in-depth understanding of this trust concept.
The Disabled Person Can Receive Government Benefits
When you give money without setting up a trust, they will be able to receive government benefits such as SSI and Medicaid. Individuals who receive these two types of benefits cannot own anything financially because it is against state law. This is the stage where special needs attorneys help you to make it happen without committing any financial fraud. A trust will not only help the disabled person to benefit from your help but the state funding at the same time.
Is A Trust Attorney Necessary?
The people who own the property can maintain their legal status. They will be able to continue receiving benefits from the government. You should know that this process requires a lot of time and effort. You can’t afford to use the same attorney for your trust as well as other financial or legal purposes.
A Special Needs Lawyer will help you with not just one but all your needs at once. You will be able to submit applications for free for the trust. All you need to do is give some information about yourself, your family member, or anyone else who needs help making a Trust document.
Attorneys Make Legal Matters Simple for you.
The person in need of help can be in any stage of their life. You can trust the attorney to help you with this type of legal process. You can also trust the attorney to give you accurate advice. The lawyer knows exactly what it takes to make this document.
There are many documents that need a signature before being able to create the document. Getting them all done is very difficult, especially for people who are not technical and have no experience with law documents at all, so they find it harder to understand legal language and its importance.
Do you need an Attorney?
You must have a lawyer to manage the process of setting up this type of trust document and also to make sure all the legal documents are correctly executed. This is not an easy thing to do for someone who doesn’t know how to read or write.
You must have a Trust attorney who understands your family’s financial situation. Thus, you can make decisions based on this information.
It is very important that you get your document approved and not be able to get welfare benefits out of it. A lawyer must be able to advise you on making the right decision because if you do not follow their advice, you might end up losing out on benefits as well as failing in meeting your goal.
Special Needs Trust Attorney Near Me
If you are looking for an attorney to help you with your special needs trust, contact Attorneys Real Estate Group now. We have skilled lawyers available to guide you about the type of trust. They can also help you in selecting the right type of trust as per your situation. Hence, we ensure your satisfaction and contentment with our service. For a free consultation, contact us today on our website or call us at 916-671-3138.