Special Needs Trust Lawyer
In Pennsylvania, a special needs individual typically refers to someone with a physical, mental, intellectual or sensory disability that significantly limits their ability to perform one or more major life activities. Examples include individuals with autism, hearing or visual impairments and language and speech disabilities.
When planning for a special needs individual, you have many factors to consider. A special needs trust (SNT) is a fund that provides for those with physical or mental disabilities. Legal entities classify these trusts based on the funding’s source, and each has different regulations.
You can choose between a few kinds of SNTs. If you’re ready to start planning for PA special needs trusts, you need a special needs trust lawyer you can consult when you have questions or require assistance.
Special Needs Trusts Overview
These types of special needs trust arrangements are available in Pennsylvania.
Third-Party Funded Special Needs Trusts
When someone other than the disabled person creates a trust, those funds are a third-party funded SNT trust. Under this trust arrangement, family members can care for special needs individuals without impacting their eligibility for government funding. It also provides the ability to list contingent beneficiaries.
All third-party SNTs must be irrevocable, and the trustee must state their intent.
Self-Funded Special Needs Trusts
Self-funded SNTs protect disabled people’s benefits. If a disabled person receives a large sum from an inheritance or another asset, they can place it into a trust. In this case, the beneficiary and the trustee are the same person. Some situations require the beneficiary to find an outside party to manage the trust.
This trust type may not be the best choice for special needs individuals who receive a substantial income because it could impact their government funding eligibility.
Before creating a self-funded trust, the beneficiary must repay any cash assistance received.
Pooled Special Needs Trusts
Pooled SNTs receive funding from organizations, such as nonprofits that manage several beneficiary accounts. After the beneficiary dies, the organization can return the remaining resources in their account to the larger pool to help others or use them to pay any remaining state fees.
Pooled SNTs must use a nonprofit agency as a trustee.
How Can an MPL Law Special Needs Trust Lawyer Help?
If you need help setting up a special needs trust or have questions about the process in Pennsylvania, MPL Law Firm can provide reliable legal guidance. Our team includes experienced attorneys for special needs trusts who can help in these crucial areas:
- Setup: Your special needs trust attorney can assist you in determining the most appropriate trust type based on your unique situation. You will also receive guidance in ensuring the trust’s structure protects eligibility for government programs, such as Medicaid and Supplemental Security Income.
- Trustee selection: An MPL Law special needs trust lawyer can help identify a suitable trustee, who is the person responsible for managing the trust’s assets.
- Specific needs: Some special needs trust situations present unique circumstances requiring the attention of a knowledgeable attorney. Examples include inheritance and estate planning, Medicaid payback and protection of settlement funds.
Why Trust Us?
When you partner with an MPL Law attorney for special needs trust assistance, you will receive the attention and commitment to service you demand and deserve. Your lawyer will take the time to listen and gain a clear understanding of what you wish to achieve through legal representation. We will also create a path to attaining the most desirable results.
As a forward-thinking law firm, we recognize situations can change regarding special needs individuals. Our experience enables us to anticipate potential scenarios that could impact these trusts and develop a plan to prepare for the future. We will be there to support you every step of the way.
Contact a Trusted Special Needs Attorney
We will work with you to schedule a convenient initial consultation and case evaluation to learn more about your situation. Contact MPL Law today and get started on your special needs trust today.