Practical Legal Advice

What Can a Special Needs Trust Pay For? - When organizing a special needs trust, it is very important to realize that policies regarding the possible distributions of a trust change all the time from one state to the next. A special needs trust is, because of this, very fickle as to what it can and will provide to the beneficiary.

Who Should Manage a Special Needs Trust? - Deciding who should be the trustee for a special needs trust is a hard decision. Family members, most often a parent, may want to serve as trustee, but it is important that the family know of their other options.

How to Choose a Special Needs Trustee? - Special needs trusts are constructed on behalf of beneficiaries who have physical or mental disabilities to ensure that they can continue to enjoy property that is intended for them, and to prevent losing government benefits that are essential to their livelihood.

What Are The Most Common Requests for Trust Distributions? - In order to act with the best interests of the beneficiary, a special needs trust must be very carefully administered. Knowing the best ways the trust can provide for the beneficiary's needs while not disrupting other benefit eligibility is complex, but should be a central concern for the special needs trustee.

Pooled Special Needs Trusts for Unmarried Clients Over 65 - If a client is over the age of 65, settlements can greatly affect the client's benefits if the client is in poor health and receiving SSI, food stamps, Medicaid, Section 8 housing, Veterans' benefits, long-term care Medicaid assistance, HUD-subsidized housing for the elderly, or any other means-tested benefits. The settlement has the potential to affect the client's eligibility negatively unless careful planning is implemented.

Investment of a Child's Money - In California, the courts which approve the settlement of a minor are given limited alternatives for directing the investment of the money for the minor. Probate Code section 3611 sets out those choices, when there is not a court-supervised guardianship of the minor's estate.

Whistleblower Employer Lawsuits - In civil litigation, there are two scenarios which invoke the term "whistleblower."

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