SPECIAL NEEDS TRUSTS FOR LEGAL SERVICES ATTORNEYS
|
|
- Harry Hodge
- 6 years ago
- Views:
Transcription
1 SPECIAL NEEDS TRUSTS FOR LEGAL SERVICES ATTORNEYS
2 DEFINITIONS Grantor (also sometimes called a Settlor or Trustor): The person who establishes the trust. This person often, though not always, is also the person putting assets into the trust. Trustee: The person who manages the trust assets and administers the trust provisions. Beneficiary: The person for whose benefit the trust is established. Revocable Trust: A trust that can be altered or terminated. Irrevocable Trust: A trust that cannot be altered or terminated.
3 SPECIAL NEEDS TRUSTS Special Needs Trusts are designed for beneficiaries with some type of limitation. Beneficiaries of Special Needs Trusts often receive some type of disability related public benefit (e.g., SSI or Medicaid). Sometimes trusts are established for individuals who have limitations that do not qualify for public benefits (e.g., addiction or developmental disability that does not rise to level of an SSA listing).
4 TYPES OF SPECIAL NEEDS TRUST Self-Settled Special Needs Trust Established by someone on the beneficiary s behalf Funded with the beneficiary s funds Often called a d4a trust after 42 USC 1396p(d)(4)(A) Must contain pay-back provision to State Medicaid program upon beneficiary s death for any benefits paid on beneficiary s behalf Settlor can determine remainder beneficiaries if any assets remain after state is paid Should contain restrictive distribution language so that trustee cannot make distributions that would negatively impact beneficiary s public benefits
5 TYPES OF SPECIAL NEEDS TRUST Pooled Special Needs Trust Established by the beneficiary or someone on his or her behalf Funded with the beneficiary s funds Assets are pooled for investment purposes with other beneficiary s assets Trust is established and managed by a non-profit association Upon beneficiary s death, non-profit can retain assets to benefit other individuals with disabilities If not retained by non-profit, remainder distributed to State Medicaid program to repay any benefits paid on beneficiary s behalf Often called a d4c trust after 42 USC 1396p(d)(4)(C)
6 TYPES OF SPECIAL NEEDS TRUST Third-Party Special Needs Trust Established by someone other then the beneficiary Funded with assets than never belonged to the beneficiary No Medicaid pay-back provisions are necessary May contain restrictive distribution language so that trustee cannot make distributions that would negatively impact beneficiary s public benefits, depending upon the beneficiary s impairments Usually used to hold inheritance or gifts, but requires prior planning
7 WHEN WILL YOU ENCOUNTER SNTS? Client s SSI has been reduced or terminated Client has been assessed an overpayment for SSI Client s has been assessed a spenddown for assets held in a d4a or d4c trust
8 AVENUES FOR ADVOCACY Appeal reduction, termination or overpayment Obtain a review of d4a trust from DHS attorney to verify compliance with relevant statutes and regulations Obtain the approval letter for a d4c master trust from trustee and copy of subscription statement for client Review distributions made from the trust to client Educate trustee of distribution restrictions and consequences on client s public benefits
9 RELEVANT SSA REGULATIONS Income Definitions and How We Count Income General 20 CFR Earned Income 20 CFR Unearned Income 20 CFR In-Kind Support and Maintenance 20 CFR Deeming of Income 20 CFR
10 RELEVANT SSA REGULATIONS Resources Definitions and How We Count Resources General 20 CFR Deeming of resources 20 CFR Deeming of resources of an essential person 20 CFR Deeming of resources where Medicaid eligibility is affected 20 CFR a Limitation on resources 20 CFR Resources determinations 20 CFR How funds held in financial institution accounts are counted 20 CFR
11 RELEVANT SSA REGULATIONS Resources Continued Exclusion from resources; general 20 CFR Exclusion of the home 20 CFR Exclusion of household goods and personal effects 20 CFR Exclusion of the automobile 20 CFR Exclusion of life insurance 20 CFR Burial spaces and certain funds set aside for burial expenses 20 CFR
12 RELEVANT SSA POMS SI General - Income Rules for the Supplemental Security Income Program SI What Is Not Income SI Earned Income SI Unearned Income SI Unearned Income Anderson Case SI Living Arrangements and In-Kind Support and Maintenance
13 RELEVANT MEDICAL ASSISTANCE REGULATIONS 89 IL ADMIN CODE SECT. 120 Subpart C: Financial Eligibility Determination Section Community Cases Section Long Term Care Section MANG(P) Cases Subpart H: Medical Assistance No Grant (MANG) Eligibility Factors Section Unearned Income Section Budgeting Unearned Income Section Exempt Unearned Income Section Education Benefits Section Incentive Allowance Section Unearned Income In-Kind Section Child Support and Spousal Maintenance Payments Section Earmarked Income Section Medicaid Qualifying Trusts Section Treatment of Trusts and Annuities (EMERGENCY - 36 Ill.Reg ) Section Lump Sum Payments and Income Tax Refunds Section Protected Income Section Earned Income Section Budgeting Earned Income Section Exempt Earned Income Section Earned Income Disregard - MANG(C) Section Earned Income Exemption Section Exclusion from Earned Income Exemption
14 RELEVANT MEDICAL ASSISTANCE REGULATIONS 89 IL ADMIN CODE SECT. 120 Section Recognized Employment Expenses Section Income From Work/Study/Training Programs Section Earned Income From Self-Employment Section Earned Income From Roomer and Boarder Section Earned Income from Temporary Employment with the Census Bureau Section Earned Income In- Kind Section Payments from the Illinois Department of Children and Family Services Section Provisions for the Prevention of Spousal Impoverishment (EMERGENCY - 36 Ill.Reg ) Section Resources (EMERGENCY - 36 Ill.Reg ) Section Exempt Resources (EMERGENCY - 36 Ill.Reg ) Section Resource Disregard Section Deferral of Consideration of Assets Section Spenddown of Resources Section Factors Affecting Eligibility for Long Term Care Services (EMERGENCY - 36 Ill.Reg ) Section Property Transfers Occurring On or Before August 10, 1993 Section Property Transfers Occurring On or After August 11, 1993 and Before January 1, 2007 Section Property Transfers Occurring On or After January 1, 2007
15 RELEVANT AABD REGULATIONS 89 IL ADMIN CODE SECT. 113, SUBPART C Section Unearned Income Section Budgeting Unearned Income Section Budgeting Unearned Income of Applicants Receiving Income on Date of Application And/Or Date of Decision Section Initial Receipt of Unearned Income Section Termination of Unearned Income Section Unearned Income In-Kind Section Earmarked Income Section Lump-Sum Payments and Income Tax Refunds Section Protected Income Section Earned Income Section Exempt Unearned Income Section Budgeting Earned Income of Applicants Section Initial Employment Section Budgeting Earned Income For Contractual Employees Section Budgeting Earned Income For Non-contractual School Employees Section Termination of Employment Section Exempt Earned Income Section Recognized Employment Expenses
16 RELEVANT AABD REGULATIONS 89 IL ADMIN CODE SECT. 113, SUBPART C Section Income From Work/Study/Training Programs Section Earned Income From Self-Employment Section Earned Income From Roomer and Boarder Section Earned Income From Rental Property Section Earned Income In- Kind Section Payments from the Illinois Department of Children and Family Services Section Assets Section Exempt Assets Section Asset Disregard Section Deferral of Consideration of Assets Section Property Transfers For Applications Filed Prior To October 1, 1989 (Repealed) Section Property Transfers For Applications Filed On Or After October 1, 1989 (Repealed) Section Court Ordered Child Support Payments of Parent/Step-Parent Section Responsibility of Sponsors of Non-citizens Entering the Country Prior to 8/22/96 Section Responsibility of Sponsors of Non-citizens Entering the Country On or After 8/22/96 Section Assignment of Medical Support Rights
17 RELEVANT SNAP REGULATIONS 89 IL ADMIN CODE SECT. 121 Subpart C: Financial Factors Of Eligibility Section Unearned Income Section Exempt Unearned Income Section Unearned Income In- Kind Section Lump Sum Payments and Income Tax Refunds Section Earned Income Section Budgeting Earned Income Section Exempt Earned Income Section Income From Work/Study/Training Programs Section Earned Income from Roomers or Boarders Section Income From Rental Property Section Earned Income In-Kind Section Sponsors of Aliens Section Assets Section Exempt Assets Section Asset Disregards Subpart D: Eligibility Standards Section Net Monthly Income Eligibility Standards Section Gross Monthly Income Eligibility Standards Section Income Which Must Be Annualized Section Deductions from Monthly Income Section Food Stamp Benefit Amount Subpart E: Household Concept Section Categorically Eligible Households
18 RELEVANT HOME SERVICES REGULATIONS 89 IL ADMIN CODE SECT. 682 SUBPART C: FINANCIAL ELIGIBILITY CRITERIA Section Assets Limitation Section Transfer of Assets Section Exempt Assets Section Assets Held in Joint Ownership
19 RELEVANT TANF REGULATIONS 89 IL ADMIN CODE SECT. 112, SUBPART G Section Unearned Income Section Unearned Income of Parent, Section Budgeting Unearned Income Section Budgeting Unearned Income of Applicants Section Initial Receipt of Unearned Income Section Termination of Unearned Income Section Exempt Unearned Income Section Incentive Allowances Section Unearned Income In-Kind Section Earmarked Income Section Lump-Sum Payments Section Earned Income Section Earned Income Tax Credit Section Budgeting Earned Income Section Budgeting Earned Income of Employed Applicants Section Initial Employment Section Budgeting Earned Income For Contractual Employees
20 RELEVANT TANF REGULATIONS 89 IL ADMIN CODE SECT. 112, SUBPART G Section Budgeting Earned Income for Non-contractual School Employees Section Termination of Employment Section Exempt Earned Income Section Earned Income Exemption Section Exclusion from Earned Income Exemption Section Recognized Employment Expenses Section Income from Work- Study and Training Programs Section Earned Income From Self-Employment Section Earned Income From Roomer and Boarder Section Income From Rental Property Section Payments from the Illinois Department of Children and Family Services Section Earned Income In- Kind Section Assets Section Exempt Assets Section Asset Disregards Section Deferral of Consideration of Assets Section Income Limit Section Assets for Independence Program
21 RELEVANT PM AND WAG PROVISIONS TANF Assets PM to PM WAG to WAG TANF Income PM to PM c WAG to WAG c AABD Cash Assets PM to PM b WAG to WAG b AABD Cash Income PM to PM c WAG to WAG c
22 RELEVANT PM AND WAG PROVISIONS AABD Medical Income and Assets PM to PM a WAG to WAG a AABD Medical Spenddown PM to PM c WAG to WAG c SNAP Assets PM to PM WAG to WAG SNAP Income PM to PM WAG to WAG
23 OTHER BENEFIT PROGRAMS Illinois Cares Rx 89 IL Admin Code Sect : Eligibility Section 8 Subsidy 24 CFR Eligibility and targeting PHA Administrative Plans available upon request to the PHA
24 THE END Any Questions? Jennifer A. Johnson Vice President and Trust Officer American Bank and Trust Company 2580 Foxfield Road St. Charles, IL Tel Fax
Using Supplemental Needs Trusts: SNT s the Basics AGENDA
Using Supplemental Needs Trusts: SNT s the Basics Judith D. Grimaldi, Esq. 1 AGENDA Overview of Special Needs Planning Types of Special Needs Trusts Comparison of First Party and Third Party Trusts Drafting
More informationSpecial Needs Trusts and ABLE Accounts
Special Needs Trusts and ABLE Accounts Travis Finchum Special Needs Lawyers, P.A. Travis@SpecialNeedsLawyers.com SpecialNeedsLawyers.com GuardianTrusts.org Special Needs Trusts To benefit individuals with
More informationSPECIAL NEEDS TRUSTS IN OREGON West Coast Trust Meeting June 9, 2006 Penny L. Davis, The Elder Law Firm Portland, Oregon
SPECIAL NEEDS TRUSTS IN OREGON West Coast Trust Meeting June 9, 2006 Penny L. Davis, The Elder Law Firm Portland, Oregon I INTRODUCTION A. Government Benefits. Many people with disabilities rely upon government
More informationTrust Planning for Individuals with Disabilities or on Public Benefits
Trust Planning for Individuals with Disabilities or on Public Benefits Estate Planning Council, SE Denver, November 10, 2015 Presented by: Megan Brand Executive Director CFPD- Colorado Fund for People
More informationSpecial Needs Trust Overview
Presented: 2015 Changes and Trends Affecting Special Needs Trusts February 5-6, 2015 Austin, Texas Special Needs Trust Overview Wesley E. Wright Author contact information: Wesley E. Wright Wright Abshire,
More informationWV INCOME MAINTENANCE MANUAL. Income
- Death Benefits: The portion of a lump sum payment received as a result of the death of an individual, which is used to pay the expenses of the last illness and burial of that individual, is deducted.
More informationKey Facts You Need to Know About: Income Definitions for Marketplace and Medicaid Coverage
Updated September 20, 2017 Key Facts You Need to Know About: Income Definitions for Marketplace and Medicaid Coverage Health reform provides opportunities for millions of Americans to get affordable health
More informationKey Facts You Need to Know About: Income Definitions for Marketplace and Medicaid Coverage
October 15, 2014 Key Facts You Need to Know About: Income Definitions for Marketplace and Medicaid Coverage Health reform provides new opportunities for millions of Americans to get affordable health coverage.
More informationSPECIAL NEEDS TRUSTS
SPECIAL NEEDS TRUSTS Special Needs Trust (SNT): type of trust designed to protect a beneficiary who is disabled, enabling them to receive governmental benefits: Supplemental Security Income-automatically
More informationUSING A POOLED INCOME TRUST TO ELIMINATE A MEDICAID SPEND DOWN MARIE T. VAZ, STAFF ATTORNEY
USING A POOLED INCOME TRUST TO ELIMINATE A MEDICAID SPEND DOWN by MARIE T. VAZ, STAFF ATTORNEY Evelyn Frank Legal Resources Program New York Legal Assistance Group New York City 197 198 Using a Pooled
More informationFunding the Future: The ABLE Act and Special Needs Planning P R E S E N T E D B Y
Funding the Future: The ABLE Act and Special Needs Planning P R E S E N T E D B Y SUPPLEMENTAL SECURITY INCOME SSI Resource Rules Countable resource limit: $2,000 single, $3,000 couple Exempt resources:
More informationJoan Lensky Robert. disabled whose available resources and income do not exceed the guidelines of the
KASSOFF, ROBERT & LERNER, LLP. ATTORNEYS AT LAW 100 Merrick Road West Building Suite 508 Rockville Centre, New York 11570 (516) 766-7700 Fax (516) 766-0738 Joan Lensky Robert SSI AND SPECIAL NEEDS TRUSTS:
More informationThe Arc of Texas Master Pooled Trust and the ABLE Act
The Arc of Texas Master Pooled Trust and the ABLE Act How To Save Money and Protect Benefits Haley D. Greer, J.D. Chief Master Pooled Trust Officer What we will talk about today 1. What are the Tools in
More informationCertified Medicaid Planner Course - Strategic Marketing Partners, LLC SESSION 10 TRUSTS
Certified Medicaid Planner Course - Strategic Marketing Partners, LLC SESSION 10 TRUSTS 1 Trust History Trusts historically for the very wealthy. Expensive to create and maintain. Personal computer age
More informationLifelong Planning: The Scoop on Special Needs Trusts
Lifelong Planning: The Scoop on Special Needs Trusts Centennial Estate Planning Council September 12, 2013 Presented by: Megan Brand Executive Director Colorado Fund for People with Disabilities Overview
More informationSpecial Needs Trusts For The Disabled
Special Needs Trusts For The Disabled Sally Larson Sargent FIRMA 28 th National Risk Management Training Conference April 28, 2014 Copyright 2014 by MB Financial Bank, N.A. - All rights reserved Presenter
More informationThird-Party Special Needs Trusts: Asset Protection Benefits and Tax Burdens
Third-Party Special Needs Trusts: Asset Protection Benefits and Tax Burdens Presented by I. Richard Gershon University of Mississippi School of Law I. What is a Third-Party Special Needs Trust? A. Difference
More informationCOMPARISON OF 529 ABLE ACCOUNTS, SPECIAL NEEDS TRUSTS AND POOLED SPECIAL NEEDS TRUSTS
COMPARISON OF 529 ABLE ACCOUNTS, SPECIAL NEEDS TRUSTS AND POOLED SPECIAL NEEDS TRUSTS LAW OFFICE OF RANDY HOPE STEEN, LTD. WWW.RSTEENLAW.COM Able Account Who is Eligible? Are there the age restrictions?
More informationCraig C. Reaves, CELA, CAP
Stetson University College of Law 2017 National Conference on Special Needs Trusts and Special Needs Planning Presented by Craig C. Reaves, CELA, CAP Copyright 2017 Craig C. Reaves Even for special needs
More informationUtilizing Special Needs Trust for the Family Law Practitioner
Utilizing Special Needs Trust for the Family Law Practitioner www.gspt.org.familylaw.htm For More Materials on this Subject I will post this video (assuming the equipment works) and related materials on
More informationUSING A SPECIAL NEEDS TRUST FOR CHARITABLE GIVING
I. BACKGROUND The Special Needs Trust or Supplemental Needs Trust ( SNT ) is a form of discretionary spendthrift trust designed to protect a disabled beneficiary s government benefits while providing a
More informationSupplemental Security Income (SSI): Income/Resource Limits and Accounts Exempt from Benefit Determinations
Supplemental Security Income (SSI): Income/Resource Limits and Accounts Exempt from Benefit Determinations Umar Moulta-Ali Analyst in Disability Policy January 25, 2013 CRS Report for Congress Prepared
More informationSpecial Needs Life Planning
Special Needs Life Planning Making a Good Life Possible Blaine P. Brockman, Esq. The ARC of Ohio Summer Conference June 16, 2017 A Special Needs Life Birth and Early Childhood Due to birth complications,
More informationThe Essentials of Special Needs Planning
The Essentials of Special Needs Planning Lesley M. Mehalick, J.D., LL.M. and Alissa B. Gorman, J.D., LL.M. McAndrews Law Office, P.C. Berwyn, PA I. Introduction a. What is Special Needs Planning? i. Estate
More informationPlanning for Special Needs and Ohio s STABLE Account. Presented by Logan Philipps, Esq.
Planning for Special Needs and Ohio s STABLE Account Presented by Logan Philipps, Esq. Concerns for Families Everything will be fine as long as my child dies before I do. Will my typical child have to
More informationTHE MECHANICS OF FIXING OTHER PROBLEMS: DECANTING AND OTHER ANSWERS. Robert B. Fleming Laurie Hanson H. Amos Goodall
THE MECHANICS OF FIXING OTHER PROBLEMS: DECANTING AND OTHER ANSWERS Moderator : Mary E. O Byrne Panelists: Robert W. Fechtman Robert B. Fleming Laurie Hanson H. Amos Goodall The Mechanics of Fixing Other
More informationEXHIBIT 6-1: ANNUAL INCOME INCLUSIONS
24 CFR 5.609 EXHIBIT 6-1: ANNUAL INCOME INCLUSIONS (a) Annual income means all amounts, monetary or not, which: (1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to
More informationSupplemental Needs Trusts & Related Estate Planning
Supplemental Needs Trusts & Related Estate Planning Presentation for Hydrocephalus Association 12 th National Conference 440 Milwaukee Ave., Suite 200, Lincolnshire, Illinois 60069 PHONE (847) 793-2484
More informationThe Arc of Georgia Pooled Trust for Self-Settled Accounts
Amended and Restated Declaration of Trust The Arc of Georgia Pooled Trust for Self-Settled Accounts d/b/a The Arc of Georgia Pooled Trust Established February 18, 2014 As amended July 25, 2016 September
More information~~~~~ How to Make a Trust a Special Needs Trust
12 th Annual Changes and Trends Affecting Special Needs Trusts University of Texas School of Law February 4, 2016 Austin, Texas ~~~~~ How to Make a Trust a Special Needs Trust Written and Presented By:,
More informationThe Good News: Bob Inherited $50,000 from Aunt Mary
Supplemental Needs Trusts & Other Strategies to Maintain Eligibility for Income-Based Benefits After Receipt of a Lump Sum Valerie Bogart, Director with thanks to David Silva, former Asst. Director and
More informationPLANNING FOR INDIVIDUALS WITH SPECIAL NEEDS by Kelly A. Thompson Member, Special Needs Alliance
PLANNING FOR INDIVIDUALS WITH SPECIAL NEEDS by Kelly A. Thompson kelly@twplc.com Member, Special Needs Alliance www.specialneedsalliance.com DISCLAIMER: This outline is for information purposes only and
More informationThis is a legal document. You are strongly encouraged to seek independent, professional advice before signing.
Jewish Los Angeles Special Needs Financial Services Inc. JOINDER AGREEMENT for Jewish Los Angeles Special Needs Master Trust II 3 rd Person Special Needs Trusts This is a legal document. You are strongly
More informationThe Arc of Texas Master Pooled Trust and the ABLE Act
The Arc of Texas Master Pooled Trust and the ABLE Act How To Save Money and Protect Benefits HALEY D. GREER Chief Master Pooled Trust Officer KYLE PICCOLA Chief Government and Community Affairs Officer
More informationPlanning for a Special Needs Individual by Ted Kurlowicz, J.D., L.LM, CLU, ChFC,CAP
special needs Planning for a Special Needs Individual by Ted Kurlowicz, J.D., L.LM, CLU, ChFC,CAP > A basic insight of the requirements to plan for a special needs individual Ted Kurlowicz, J.D., L.LM,
More informationSPECIAL NEEDS TRUST IN DEPTH
SPECIAL NEEDS TRUST IN DEPTH by Thomas D. Begley, Jr. According to Business Week Magazine, one out of every ten people in America has a special needs situation. There is an enormous need for proper estate
More informationPresented By: Michael J. Wittick Attorney & Counselor at Law Member, WealthCounsel LLC
Issues in Special Needs Trust Planning Presented By: Michael J. Wittick Attorney & Counselor at Law Member, WealthCounsel LLC Facts of Life Persons with disabilities are living longer and public benefits
More informationThird Party Special Needs Trusts or Pooled Income Trusts? Which should the attorney recommend?
Third Party Special Needs Trusts or Pooled Income Trusts? Which should the attorney recommend? Martha C. Brown Martha C. Brown & Associates, LLC 220 W. Lockwood, Suite 203 St. Louis, Missouri 63119 (314)
More informationSpousal Rollover (con t)
Spousal Rollover (con t) If the beneficiary of the retirement asset was a trust whose sole beneficiary was the spouse and where spouse is the trustee or has withdrawal power over the trust assets, then
More informationThird Party Special Needs Trusts or Pooled Income Trusts? Which should the attorney recommend?
Third Party Special Needs Trusts or? Which should the attorney recommend? Martha C. Brown Martha C. Brown & Associates, LLC 220 W. Lockwood, Suite 203 St. Louis, Missouri 63119 (314) 962-0186 1 Third Party
More informationTrust Accounts, Representative Payee and Deceased Accounts
Trust Accounts, Representative Payee and Deceased Accounts Account Ownership Ownership means the possession of legal title or a beneficial interest in an asset, such as a savings account. Three elements
More informationfor Medicaid trusts. Medicaid qualifying trusts (MQTs). Other trusts.
BEM 401 1 of 18 TRUSTS - MA DEPARTMENT POLICY MA Only This item contains Medicaid policy for trusts. The item is divided into three parts: Medicaid trusts. Medicaid qualifying trusts (MQTs). Other trusts.
More informationJOINDER AGREEMENT I for The Arc of Texas Master Pooled Trust
JOINDER AGREEMENT I for The Arc of Texas Master Pooled Trust This is a legal document. You are encouraged to seek independent, professional advice before signing. A. The undersigned hereby enrolls in and
More informationESTATE PLANNING FOR PARENTS OF DISABLED CHILDREN
ESTATE PLANNING FOR PARENTS OF DISABLED CHILDREN Fendrick & Morgan, LLC 1307 White Horse Rd., Bldg B, Ste 200 Voorhees, NJ 08043 (856) 489-8388 www.fendrickmorganlaw.com Estate planning and lifetime financial
More informationGuardianships and Special Needs Planning
Guardianships and Special Needs Planning Prepared & Presented by: Scott C. Suzuki, J.D., M.P.H. April 16, 2016 (808) 983-3850 * 1013 Poha Lane, Honolulu, Hawaii 96826 * info@suzukiaal.com * www.suzukiaal.com
More informationUnderstanding the Impact of Work, Earnings, and IDAs On Social Security Disability Benefits. June 2008 Updated February 2011
A FI Understanding the Impact of Work, Earnings, and IDAs On Social Security Disability Benefits June 2008 Updated February 2011 Overview of the Social Security Disability Benefit Programs While the Title
More informationSpecial Needs Beneficiaries
CLIENT GUIDE Advanced Markets Special Needs Beneficiaries Planning For Your Loved Ones John Hancock Life Insurance Company (U.S.A.) (John Hancock) John Hancock Life Insurance Company of New York (John
More informationSpecial Needs Beneficiaries
UNderwriterservice 412-281-0600 www.ubsnet.com ubs@ubsnet.com CLIENT GUIDE Special Needs Beneficiaries Planning For Your Loved Ones John Hancock Life Insurance Company (U.S.A.) (John Hancock) John Hancock
More informationSpecial Needs Beneficiaries
Guiding you through life. SALES STRATEGY Special Needs Beneficiaries Planning For Your Loved Ones The unique care of a family member with special needs can often be a significant concern for clients, and
More informationSUMMARIES OF STATE DECANTING STATUTES
SUMMARIES OF STATE DECANTING STATUTES As of August 22, 2014 compiled by Susan T. Bart Schiff Hardin LLP, Chicago, Illinois If you have an update or revision to a state summary, please contact Susan T.
More informationFUTURE PLANNING, GUARDIANSHIP AND TRUSTS
KEEP IN MIND: AGE 18 FUTURE PLANNING, GUARDIANSHIP AND TRUSTS Darcy J. Chamberlin Chamberlin Law Group 1200 Harger Road, Suite 209 Oak Brook, IL 60523-1816 630-571-0222 www.clgattorney.com Legal Decision-Making
More informationthe guide to Special Needs Planning Planner/Attorney Name Name Firm Name Firm Name
the guide to Special Needs Planning Planner/Attorney Name Name Firm Name Firm Name The Guide to Special Needs Planning Planning for Your Child with Special Needs The best interest of all family members
More informationIncome Tax Planning Concepts in Estate Planning South Avenue Staten Island, NY From: Louis Lepore TABLE OF CONTENTS
THE PLANNER THE JULY 2011 EDITION Volume 6, Issue 7 A monthly newsletter for Accounting, and Financial Professionals with a focusing on Estate Planning, Elder Law, and Special Needs Persons. The Planner
More informationCash Assistance Program for Immigrants page 9-1 Income
Cash Assistance Program for Immigrants page 9-1 9. is defined as anything received in cash or in-kind which can be used to meet the recipient s needs for food, clothing, and shelter. In-kind income is
More informationEstate Planning, Medi-Cal, Advance Directives & Special Needs Trusts
Estate Planning, Medi-Cal, Advance Directives & Special Needs Trusts B R U C E A. F E D E R, E S Q. K A T O, F E D E R & S U Z U K I, L L P 6 8 5 M A R K E T S T R E E T, S U I T E 5 4 0 S A N F R A N
More information10.23 SSI-RELATED/NON-CASH ASSISTANCE MEDICAID (Categorically Needy, Optional) The budgeting method in Section 10.6 is used for this coverage group.
SSI-RELATED/NON-CASH ASSISTANCE MEDICAID (Categorically Needy, Optional) NOTE: Spenddown provisions do not apply. A. BUDGETING METHOD The budgeting method in Section 10.6 is used for this coverage group.
More informationSpecial Needs Trusts
www.trustaged.org Special Needs Trusts Nick Barton, Executive Director Sharon Reich, Sr. Trust Advisor 1-888-277-1826 407-682-4111 Types of Special Needs Trusts d(4)(a) under 65 Disability Trusts d(4)(b)
More informationAlternative Planning Options for Individuals with Special Needs
Alternative Planning Options for Individuals with Special Needs Mary E. O Byrne, Esq. Sage C. Hart, Esq. O Byrne Law, LLC 1400 Front Avenue, Suite 303 Lutherville, MD 21093 410-321-5800 (p) 410-296-1290
More informationBaltimore County Bar Association
Baltimore County Bar Association Estates & Trusts Committee Special Needs Trusts and ABLE Accounts Tuesday, December 15, 2015 5 p.m. SPEAKER PROGRAM CHAIR LOCATION Mary E. O Byrne, Esquire Frank, Frank
More informationDeeming Basics February 2008
Deeming Basics February 2008 What is deeming? Deeming is the term the Social Security Administration uses to describe the process of considering another person s income and/or resources to be available
More informationCraig C. Reaves and Mary Alice Jackson
Stetson University College of Law 2017 National Conference on Special Needs Trusts and Special Needs Planning Presented by Craig C. Reaves and Mary Alice Jackson Copyright 2017 Craig C. Reaves and Mary
More informationEstate and Trust Planning For Relatives of Family Members With a Developmental Disability
Estate and Trust Planning For Relatives of Family Members With a Developmental Disability Stewart Home School May 17, 2013 Presented by: Jefferey M. Yussman and Peter H. Wayne, IV 502.562.7544 502.562.7532
More informationSI Exceptions to Counting Trusts Established on or after 1/1/00
SSA - POMS: SI 01120.203 - Exceptions to Counting Trusts Established on or after 1/1/0... Page 1 of 13 Social Security Administration Policy Site: POMS Section SI 01120.203 Table of Contents Search Previous
More informationDON T PUT YOUR MONEY IN YOUR MATTRESS! Learning different ways to plan for your family s future
DON T PUT YOUR MONEY IN YOUR MATTRESS! Learning different ways to plan for your family s future Dreams & Futures 1 We all have dreams For millions of Americans, we dream and plan of Owning a home Having
More informationMEDICAID BASICS January
Medicaid Institutional Care Placement Eligibility (Skilled Nursing Facility) Must meet all of: 1. US citizenship- there are certain alien eligibility issues. 2. Fla. Residency. 3. 65 years or older, blind
More informationIn-Kind Support and Maintenance in the Supplemental Security Program
In-Kind Support and Maintenance in the Supplemental Security Program August 16, 2017 Kate Lang, Senior Staff Attorney, Justice in Aging John S. Whitelaw, Supervising Attorney, Community Legal Services
More informationWhat You Need to Know about SSI
What You Need to Know about SSI Kate Lang, Staff Attorney Gerald McIntyre, Directing Attorney Amber Cutler, Staff Attorney National Senior Citizens Law Center Jessica Hiemenz National Consumer Law Center
More informationMagical Mystery Tour: Naming a Special Needs Trust as Beneficiary of a Retirement Account. Presented by: Dennis M. Sandoval, J.D., LL.M.
Magical Mystery Tour: Naming a Special Needs Trust as Beneficiary of a Retirement Account Presented by: Dennis M. Sandoval, J.D., LL.M., CELA Required Minimum Distributions Lifetime Distributions Age 70
More informationSSI ELIGIBILITY. ANNUAL EARNED INCOME CONVERSIONS (Effective January 1, 2005) One Parent Household. Number of Monthly Annual Non-SSI Children
SSI ELIGIBILITY ANNUAL EARNED INCOME CONVERSIONS (Effective January 1, 2005) One Parent Household Number of Monthly Annual Non-SSI Children 0 $2,667.78 $32,013.36 1 $2,957.78 $35,493.36 2 $3,247.78 $38,973.36
More informationSPECIAL NEEDS TRUSTS. Johnson County Bar Association November 1, 2017 Overland Park, Kansas. Presented By: Stacey L. Janssen
POST 18 YEARS: THE CHALLENGES OF GUARDIANSHIP ONCE A CHILD IS NO LONGER A CHILD SPECIAL NEEDS TRUSTS Overland Park, Kansas Presented By: Stacey L. Janssen Dysart Taylor Cotter McMonigle & Montemore, P.C
More informationWHAT YOU DON T KNOW CAN HURT YOU
WHAT YOU DON T KNOW CAN HURT YOU Recent Developments in Estate, Long-Term Care & Special Needs Planning Presented by Elizabeth Q. Boehmcke, Esq. boehmcke@hooklawcenter.com Long-Term Care As of July 1,
More informationFact Guide for National Trust Training
Fact Guide for National Trust Training TABLE OF CONTENTS: A. Key Players Involved in a Trust B. Trust Policy C. Basic Trust Identifiers D. Revocable vs. Irrevocable E. Common Types of Trusts F. Exceptions
More informationTrusting Your Decision
experience expertise dependability stability Trusting Your Decision The UJA-Federation of New York Community Trusts Enriching the Quality of Life Today and Tomorrow pooled supplemental needs trusts A Wise
More informationthe guide to Special Needs Planning Colin Meeks, CFP MarylandFinancialAdvocates.com
the guide to Special Needs Planning Colin Meeks, CFP MarylandFinancialAdvocates.com 410-663-0700 The Guide to Special Needs Planning Planning for Your Child with Special Needs 2014 Academy of Special Needs
More informationAdministering a Special Needs Trust: 10 Mistakes to Avoid. Planner/Attorney Name Name Firm Name Firm Name
Administering a Special Needs Trust: 10 Mistakes to Avoid Planner/Attorney Name Name Firm Name Firm Name 10 Costly Mistakes to Avoid When Administering a Special Needs Trust 1 Confusing the Type of Special
More informationShort Title: Special Needs/Pooled Trusts/Medicaid Reimbur. (Public) March 24, 2009
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 0 S SENATE BILL House Committee Substitute Favorable /1/ House Committee Substitute # Favorable // Short Title: Special Needs/Pooled Trusts/Medicaid Reimbur.
More informationTitle 24: Housing and Urban Development
Title 24: Housing and Urban Development 5.609 Annual income. (a) Annual income means all amounts, monetary or not, which: (1) Go to, or on behalf of, the family head or spouse (even if temporarily absent)
More informationMinnesota Health Care Programs
Minnesota Health Care Programs Eligibility Policy Manual This document provides information about additions and revisions to the Minnesota Department of Human Service s Minnesota Health Care Programs Eligibility
More informationSUMMARY OF CONTENTS CERTIFIED MEDICAID PLANNING (CMP ) COURSE OFFERED EXCLUSVILY THROUGH THE WEALTH PRESERVATION INSTITUTE
SUMMARY OF CONTENTS CERTIFIED MEDICAID PLANNING (CMP ) COURSE OFFERED EXCLUSVILY THROUGH THE WEALTH PRESERVATION INSTITUTE SECTION 1: INTRODUCTION... 1 SECTION 2: WHAT IS MEDICAID... 7 SECTION 3: WHAT
More informationSpecial Needs Lawyers, PA
Special Needs Lawyers, PA 901 Chestnut Street, Suite C Clearwater, Florida 33756 Phone: (727) 443-7898 Fax: (727) 631-0970 SpecialNeedsLawyers.com Travis D. Finchum, Esq. Board Certified in Elder Law Linda
More informationthe parental relationship to a minor child, a spouse-to-spouse relationship, and the relationship between a sponsor and a legal alien.
Deeming Basics January 2017 What is deeming? Deeming is the term Social Security uses to describe the process of considering another person s income and/or resources to be available for meeting an SSI
More informationBasics of Special Needs Trusts
Basics of Special Needs Trusts Thursday, October 15, 2015 Breakout Session 2 2:30 P.M. 3:30 P.M. Differences Matter First vs. Third Party SNTs: Structure and Creation Materials PowerPoint Presenter: Jane
More information6/21/17. Life Advantages, LLC
Life Advantages, LLC Attorneys John F. Kearns III & Rebecca A. Hajosy Kearns & Kearns PC 1121 New Britain Ave West Hartford, CT 06110 (860) 233-1281 www.kearnsandkearns.com Kearns & Kearns PC helps our
More informationSpecial Needs Trusts
Oppenheimer & Co. Inc. Executive Director - Investments 500 108th Ave. NE Suite 2100 Bellevue, WA 98004 425-709-0540 800-531-3110 spencer.nurse@opco.com http://fa.opco.com/spencer.nurse/index.htm Special
More informationPrimer on Disability Benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)
Primer on Disability Benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) William R. Morton Analyst in Income Security October 24, 2016 The House Ways and Means
More informationConsiderations in the Termination of Special Needs Trusts. Allison Bren Ferris
Considerations in the Termination of Special Needs Trusts Allison Bren Ferris Considerations in the Termination of Special Needs Trusts A. Introduction In the world of special needs trusts ( SNT ), termination
More informationSupplemental Security Income (SSI) Basics
Supplemental Security Income (SSI) Basics Tracey Gronniger, Directing Attorney Jenny Chung Mejia, Senior Staff Attorney Thursday, February 22, 2018 Justice in Aging is a national organization that uses
More information05/07/13 INTRODUCTION TO SUPPLEMENTAL NEEDS TRUSTS
05/07/13 INTRODUCTION TO SUPPLEMENTAL NEEDS TRUSTS What is a Trust? Under a trust, a person (the grantor ) gives title to property to another person (the trustee ), to manage and use the property for the
More informationNEW MEDICAID ELIGIBILITY: DRA, SMART ACT + BEYOND
1 NEW MEDICAID ELIGIBILITY: DRA, SMART ACT + BEYOND 2012 Governor s Conference on Aging John Spears HFS Bureau of Medical Eligibility & Special Programs 2 DEFICIT REDUCTION ACT (DRA) Overview Increased
More informationSpecial and Supplemental Needs Trusts in 2012
Special and Supplemental Needs Trusts in 2012 Susan E. Johnson-Drenth, CELA* JD Legal Planning PLLC 2525 University Drive South, Suite B Fargo, ND 58103 701-364-9595 855-299-9595 sdrenth@jdlegalplanning.com
More informationWhy Would a Client Want a Trust?
Missouri Bar How to Series TRUSTS Telephone seminar: 3-18-15 M. Daniel Brown, J.D.- Moderator The Law Offices of Dan Brown, P.C. Debra K. Schuster, MHA, J.D. Debra K. Schuster & Associates E. Thad Taylor,
More informationHow to Series TRUSTS Telephone seminar:
Missouri Bar How to Series TRUSTS Telephone seminar: 3-18-15 M. Daniel Brown, J.D.- Moderator The Law Offices of Dan Brown, P.C. Debra K. Schuster, MHA, J.D. Debra K. Schuster & Associates E. Thad Taylor,
More informationThe transfer of resources policy does not apply to M-WIN. The income sources in Section 10.3 are treated the same as for SSI-Related Medicaid.
INCOME A. TRANSFERS OF INCOME The transfer of resources policy does not apply to M-WIN. B. INCOME SOURCES The income sources in Section 10.3 are treated the same as for SSI-Related Medicaid. C. BUDGETING
More informationTHE USE OF SPECIAL NEEDS TRUSTS
PLANNING FOR THE FUTURE: THE USE OF SPECIAL NEEDS TRUSTS Brain Injury Association of Massachusetts 34th Annual Brain Injury Conference March 26, 2015 Richard S. Blank, Esq. Rubin & Rudman, LLP Boston,
More informationGLOSSARY OF TERMS COMMONLY USED IN SNT PLANNING
GLOSSARY OF TERMS COMMONLY USED IN SNT PLANNING Introduction - One obstacle to becoming competent in the field of special needs planning is learning the many acronyms and terms which are common in the
More informationPLEASE READ BEFORE COMPLETING THE JOINDER AGREEMENT
PLEASE READ BEFORE COMPLETING THE JOINDER AGREEMENT The following is information to consider when completing a Trust IV Joinder Agreement for trust subaccounts funded with the Beneficiary's own money such
More informationSpecial Needs Planning: What You Need to Know
Special Needs Planning: What You Need to Know Resch, Root & Philipps, LLC has been in business for over 35 years helping individuals and families with: Estate Planning Business Planning Trust and Probate
More informationTABLE OF CONTENTS LOUISIANA GIFT AND INHERITANCE TAXES. Page 2 of 250
TABLE OF CONTENTS CHAPTER 1 COMMUNITY PROPERTY 1.01 In General 1.02 Marriage Contracts 1.03 Management of Community Property 1.04 Termination of Community 1.05 Special Property - Life Insurance - Retirement
More informationInsurance Affordability Programs (IAPs) Income and Asset Guidelines
DHS-3461A-ENG 1-15 Insurance Affordability Programs (IAPs) Income and Asset Guidelines Prog. Family Size MA Parents, Caretaker Relative, Children age 19-20, Adults without Children Effective 7/1/14 6/30/15
More informationEligibility Requirements for Special Benefits Aged and Disabled
Rev. 7/2016 Page 327.xxx 327.010 Authority for State Supplement Program 327.100 Overview of State Supplement Program 327.110 Definitions 327.120 Eligibility for State Supplement Program 327.130 Eligibility
More information