Bend Special Needs Trusts Lawyers
Protecting the Future of Individuals with Disabilities
A person with a mental or physical disability may receive government benefits for income and medical care. Their access to this public assistance depends on their own resources – namely, if the person has above a certain amount in funds, they will be ineligible for these benefits. Thus, if they receive a large sum of money that brings their resources above the threshold, their eligibility for public assistance may be jeopardized. A special needs trust is a way to overcome the conflicts that can arise when a person with a disability obtains financial support in addition to their government benefits.
Creating a special needs trust can be complex because various state and federal guidelines and rules come into play concerning how it must be set up. Failure to understand and follow the laws can put the financial stability and future of a person with a disability at risk. At Baxter Harder, LLC, our Bend special needs trusts attorneys help individuals with disabilities and their loved ones establish well-constructed trusts to protect eligibility for government benefits when the individual's resources do or might go above the allowed threshold. We can develop a special needs trust to allow a disabled individual to continue to be eligible for public assistance if they receive a large sum of money.
How Does a Special Needs Trust Safeguard Eligibility for Government Benefits?
Government benefits, such as Medicaid and Supplemental Security Income (SSI), provide individuals with disabilities the financial assistance they need for necessities and medical care. To be eligible for these benefits, the person can only have personal resources up to a certain amount. As long as their own funds remain below the threshold, they can continue to receive public assistance. However, if the individual's personal finances increase because of something such as a large inheritance, they will be ineligible for government benefits.
When a special needs trust is set up for persons with disabilities, additional funds they received are transferred into the trust. The funds in the trust are distributed in a way that supplements the government benefits they receive but does not allow their personal resources to surpass the eligibility threshold. Thus, they are not at risk of losing their public assistance.
Ensuring that a person with a disability has access to additional funds while also maintaining eligibility for government benefits is complicated. That is why it is necessary to speak with our special needs trust lawyers in Bend for help navigating the process.
What Types of Special Needs Trusts Are There?
In Oregon, there are two different types of special needs trusts: A first-party and a third-party.
First-Party Special Needs Trusts
The individual establishes this type of trust with a disability themselves. If they receive or anticipate obtaining a large sum of money, they can place it in a trust. The law regulates who can set up the trust and whether any reimbursements must be made for services the disabled individual receives.
Third-Party Special Needs Trusts
The third-party trust is established by a family member who wants to provide for a disabled individual's future needs but does not want them to be ineligible for government benefits. Various factors must be considered to ensure that the trust complies with state and federal laws and does not jeopardize the individual's access to public assistance.
Our Bend special needs trusts attorneys can help with creating both a first-party and third-party trust.
Contact Our Firm for Assistance with Special Needs Trusts
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