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| Planning with Special Needs Trusts |
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More parents and grandparents of disabled individuals are becoming aware of the need to include a Special Needs Trust in their Wills. A disabled individual may be receiving benefits under one or more of the following programs: (1) Supplemental Security Income; (2) Social Security Disability; (3) Veterans Pension; or (4) Veterans Compensation. Although only SSI and Veterans Pension are "needs-based" programs, those receiving SSD or Veterans Compensation benefits might someday need long-term nursing care Medicaid.
If you have a loved one receiving benefits under one of these programs, your Will should not provide for direct distributions to that beneficiary under most circumstances. It is most important that you contact an estate planning specialist who also handles public benefit matters to determine what type of trust needs to be included in your Will.
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