Special Needs Trusts

Posted on

Jan 25, 2010

Book/Edition

New Jersey - Essex, Hudson & Union Counties

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Special needs trusts (also known as supplemental needs trusts) allow a disabled beneficiary to receive gifts, lawsuit settlements, or other funds without jeopardizing the disabled beneficiarys eligibility for certain government programs. These trusts are drafted so that the funds will not be considered to belong to the beneficiary in determining the beneficiarys eligibility for public benefits.
Special needs trusts are designed not to provide basic support, but instead to pay for comforts and luxuries that could not be paid for by public assistance funds. These trusts typically pay for things like education, recreation, counseling, and medical attention beyond the simple necessities of life. Special needs can include medical and dental expenses, annual independent check-ups, necessary or desirable equipment (such as specially equipped vans), training and education, insurance, transportation, and essential dietary needs. If the trust is sufficiently funded, the disabled person can also receive electronic equipment and appliances, computers, vacations, movies, payments for a companion, and other self-esteem and quality-of-life enhancing expenses.
Special needs trusts may be stand-alone documents or may be incorporated into a Last Will and Testament. Either way, these trusts may be a valuable vehicle for making transfers for the benefit of a disabled person.

Donald D. Vanarelli, Esq., with offices in Westfield NJ, is a Certified Elder Law Attorney (by NAELA, accredited by the ABA), an Accredited Professional Mediator and an Accredited VA Attorney. Mr. Vanarelli, was selected as a Superlawyer in 2007, 2008 and 2009 and is a founding member of the New Jersey Elder Mediation Center. For more information, contact the Law Office of Donald D. Vanarelli, 908-232-7400 or visit his web site at www.dvanarelli.com.


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