When your child has special needs, you want to make sure that when you’re no longer looking after them, they’re well taken care of. A confidence in special needs should ensure that your child has access to the services they need to guarantee their well-being.Visit Oren Ross & Associates – Atlanta Special Needs Trust Attorney for more details.
Know the need
This form of trust enables the parent or caregiver to set aside funds to care for their loved one with disabilities. A special needs trust, including SSI and Medicaid, also preserves government benefits. However a person may have no more than $2,000 in cash assets to get these advantages, or else they will be left to collect funds themselves. A well-drafted trust would prevent the person from giving more income than the government permits.
Get all the details together
You may need to provide your solicitor with a cornucopia of details, including but not limited to the preferences, dislikes, special needs and behaviours of the beneficiary. The attorney would need the medical diagnosis of the disabled individual, Social Security number, sources of funding and information about the trustee to plan the trust. This would help your accountant to get a tax identification number so that you can disclose to the state and IRS any and all income from the set aside funds.
Choose a trustee and advocate
Trusts with special needs are managed by a trustee, not by a disabled individual. To ensure that your relative receives the funds they need, you’ll want to pick someone you can trust. You would also want to recognise replacement trustees, so that the disabled person is well served.
An advocate is the other person you will need to pick, someone who knows the desires and the needs of the disabled person. This individual will work closely with the trustee to establish disbursements that will ensure the same standard of life to which the beneficiary is accustomed. To show how your relative should be cared for, you should write detailed instructions.
Employ a confidence solicitor
Trusts with special needs can be difficult to draught, so you’ll want to find a disabilities attorney who has handled this kind of legal procedure beforehand. The laws behind trusts are complicated and often alter, so it is important that you seek guidance instead of attempting to do it alone. This will give you a view of long-term needs, as well as scenarios of what if?”
What should be done with any funds that might remain following the death of the beneficiary is one of the major problems you and your counsel will need to decide. Many have left it to another person, several people, or a charitable organisation. It would be appropriate to repay Medicaid, and it is taken from the funds not used.