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Special Needs Trust Lawyer Near Kanawha County, WV

Get Professional Assistance From a Special Needs Trust Lawyer

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Many adults with special needs rely on government benefits to get by. These benefits are “means-tested”, meaning you can be disqualified from receiving them if you receive too much money from an inheritance or legal settlement. At our firm, you can partner with a lawyer who has extensive experience drafting and designing special needs trusts for individuals on means-tested benefits, like Medicaid, Food Stamps (SNAP) and Social Security Disability Insurance (SSDI). These trusts allow you to provide supplemental income to a disabled loved one without affecting their eligibility for benefits. 

If you, a family member, or a client receive government benefits and are facing the possibility of receiving a legal settlement or an inheritance, please contact our office for a free consultation. A special disability trust lawyer can answer your questions and help you set up an arrangement that meets your needs and achieves your objectives. We are based in Kanawha County, WV and across all of southern West Virginia, including:

  • Putnam County
  • Lincoln County
  • Boone County
  • Wayne County
  • Logan County
  • Mingo County
  • Fayette County

How Special Disability Trust Lawyers Help Families Provide for Their Children Without Disqualifying Them From Receiving Government Benefits

Anyone who is currently or anticipates receiving means-tested (income and asset dependent) benefits, who is about to receive money in excess of those means tested levels should consider a special needs trust. You should consult with a special needs trust lawyer before making the decision, as there may be low cost alternatives (i.e. ABLE accounts or Pooled-Trusts) which may better suit your situation. 

 

What is required to set up a Special Needs Trust?

The following are required to set up a special needs trust:

 

  • The beneficiary must be under the age of 65 and disabled (as defined under federal law);
  • the trust is established for the sole benefit of the disabled individual through the actions of the individual, a parent, a grandparent, a legal guardian, or a court; and
  • the trust provides that the State(s) will receive all amounts remaining in the trust upon the death of the individual up to the amount equal to the total medical assistance paid on behalf of the individual under a State Medicaid plan. 

 

Who may set up a Special Needs Trust?

As mentioned above, a special needs trust may be established through the actions of the individual, a parent, a grandparent, a legal guardian, or a court. Importantly, prior to 2016, the disabled individual could not set-up their own special needs trust. 

 

What can a Special Needs Trust pay for?

A special needs trust is meant to supplement or enhance the quality of life of the beneficiary. Governmental benefits are meant to provide for essentials, like medical care, food, clothing, and shelter. Payments from the trust must supplement and not pay for these essentials. 


Some examples of what a special needs trust may pay for include, but are not limited to: 

 

  • Medical and Dental expenses not covered; 
  • Special Equipment like wheelchairs or specially equipped vans; 
  • Travel, which can include reasonable costs of a necessary companion; 
  • Recreation and Entertainment;
  • Electronic equipment and appliances, and computers; 
  • A vehicle;
  • Insurance; and 
  • Prepaid burial expenses.

Consult With an Experienced Disability Trust Lawyer Today and Start Planning for Your Loved One’s Financial Future

If you are considering creating a special needs trust for a loved one with a disability, consult with an experienced lawyer at Walters Law Firm, PLLC today. We offer free initial consultations by phone and we will help you explore your potential options. 

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