Loud and Clear Blogs

How to Assess What’s Important to Families with Individuals with Special Needs in a New City

Of all the life changes we experience, moving to a new city can undoubtedly be one of the most stressful and challenging situations. For families with a loved one with special needs, moving can add additional hardship, so it’s critical to plan in advance and be proactive in focusing on making the transition as [...]

Considerations Selecting a Family Trustee

By Tara Anne Pleat, Esq. It is not uncommon for parents who are creating a supplemental needs trust (SNT) for a loved one with disabilities to assume that naming one of the child’s siblings as the trustee is a perfect solution. They often believe that someone who’s grown up alongside the beneficiary is best positioned [...]

When Should a Special Needs Trust Be Updated?

By Daniel Surprenant, CELA Special needs trusts (SNTs) are financial instruments designed to enhance quality of life for individuals with disabilities by supplementing the government benefits available to them. Assets held in SNTs aren’t counted when determining an individual’s eligibility for means-tested public programs such as Medicaid and Supplemental Security Income (SSI). Since personal circumstances [...]

Terminating a Special Needs Trust

By Charlene K. Quade, Esq. Individuals establish special needs trusts (SNTs) to protect assets intended to supplement means-tested government benefits for a sole beneficiary, and to preserve the individual’s eligibility for such programs. SNTs exist in the form of first party, first party pooled, third party, and third party pooled trusts. First party and first [...]

2024-05-16T16:31:27-04:00Tags: |

Consider Sole Benefit Trusts for Medicaid Spend Down

By Jane Skelton, Esq. Long-term care is expensive, and an older individual may consider Medicaid to pay for that care. If the individual has a family member or friend with a disability, a sole benefit trust could be considered. If drafted correctly, transfers of the individual’s assets to a sole benefit trust would hasten Medicaid [...]

2024-05-15T14:42:20-04:00Tags: |

Consider Special-Purpose Trusts When Facing Mental Illness or Substance Abuse

By Shawn Majette, Esq. Over the last 30 years, I have participated in more than 10,000 involuntary civil commitment hearings. Each involved someone alleged to have been so seriously mentally ill or substance-addicted that he or she could not safely remain in the community. Each involved lawyers, handcuffs and forensic examiners. This note explains how [...]

2024-05-15T14:33:20-04:00Tags: |

Siblings Don’t Always Make the Best Trustees

By Robert B. Fleming, CELA As the parent of a child with disabilities, you may already know that you have to establish a trust to handle any inheritance you leave for your son or daughter. But do you know the most important question? Selecting your trustee is at least as critical as getting the trust [...]

2024-05-15T14:28:24-04:00Tags: |