If there is a family member you want to provide special assistance to but haven't because it would affect their ability to get special services from state or federal programs Read On!
We are often asked about how to give money or special things to a person getting State Aid. A person who is getting State Aid because of diminished abilities, whether by birth, accident or illness, cannot usually have more than a very small amount of money and other liquid or other assets without putting their aid at risk. Worse a gift to that person may even be claimed in its entirety by the State to repay for the care they have already given!
A Special Needs Trust allows you to provide a fund of money to let that special person have some special things or experiences without triggering any claims by the State. A properly established trust can even be limited in what the money can be used for to specifically protect it from being used for the very things that the State is providing.
Whether set up directly or in your will the trust has to be set up properly or the funds can be taken by the state to repay for care provided.
A recently set up trust was limited to use for travel and non medical needs. It was important to the giver that her son be able to travel to see family a few times a year. By using the Special Needs Trust the money was set aside and cannot be touched by the state during the persons life. They will be able to visit family without triggering any claims by the State of Connecticut.
Atty Bruce S. Gordon www.myfamilylawyer.com
A Connecticut Attorney devoted to the care of families and their business'
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