Special Needs CEU Presentation
Call our office today. Ask for Mr. Niemann to personally discuss your New Jersey Special Needs Trust.
Toll-free at (855) 376-5291
or e-mail at fniemann@hnlawfirm.com.
The use of snt and strategies. By Fred Niemann.
Ask for Mr. Niemann to personally discuss your New Jersey Special Needs Trust.
Call him toll-free at (855) 376-5291
or e-mail him at fniemann@hnlawfirm.com.
SNT in New Jersey
Call our office today. Ask for Mr. Niemann to personally discuss your New Jersey Special Needs Trust.
Call him toll-free at (855) 376-5291
or e-mail him at fniemann@hnlawfirm.com.
He looks forward to meeting with you.
Call our office today. Ask for Mr. Niemann to personally discuss your New Jersey Special Needs Trust.
Call him toll-free at (855) 376-5291
or e-mail him at fniemann@hnlawfirm.com.
He looks forward to meeting with you.
New Jersey SNT Estate Planning Attorney.
Call our office today. Ask for Mr. Niemann to personally discuss your New Jersey Special Needs Trust.
Call him toll-free at (855) 376-5291
or e-mail him at fniemann@hnlawfirm.com.
He looks forward to meeting with you.
Someone in your life, by nature, accident or illness needs extra attention to thrive. An education on your alternatives can connect you with social, emotional, legal and financial resources to gain the most enjoyment from every family.
The use of snt and strategies. By Fred Niemann.
Ask for Mr. Niemann to personally discuss your New Jersey Special Needs Trust.
Call him toll-free at (855) 376-5291
or e-mail him at fniemann@hnlawfirm.com.
SNT in New Jersey
Call our office today. Ask for Mr. Niemann to personally discuss your New Jersey Special Needs Trust.
Call him toll-free at (855) 376-5291
or e-mail him at fniemann@hnlawfirm.com.
He looks forward to meeting with you.
Call our office today. Ask for Mr. Niemann to personally discuss your New Jersey Special Needs Trust.
Call him toll-free at (855) 376-5291
or e-mail him at fniemann@hnlawfirm.com.
He looks forward to meeting with you.
New Jersey SNT Estate Planning Attorney.
Call our office today. Ask for Mr. Niemann to personally discuss your New Jersey Special Needs Trust.
Call him toll-free at (855) 376-5291
or e-mail him at fniemann@hnlawfirm.com.
He looks forward to meeting with you.
Someone in your life, by nature, accident or illness needs extra attention to thrive. An education on your alternatives can connect you with social, emotional, legal and financial resources to gain the most enjoyment from every family.
Melisa Mysliwiec's presentation addresses social security benefits for children with disabilities for both themselves and their families and the proper steps to claim supplemental security income. Other insights from her talk included:
- Eligibility for Supplemental Security Income for Children with Disabilities
- Resources Included in Supplemental Security Income
- Proper Steps for Supplemental Security Income for Disabled Adult Children
- Correct Methods for Contacting the Social Security Administration
For more information on creating and revising plans for children with disabilities, contact attorney Melisa M.W. Mysliwiec at mmysliwiec@fraserlawfirm.com or 616-301-0800.
This presentation was given on 12/14/21 to help professional and lay caregivers understand how to help seniors in issues involving public benefits, including Social Security, SSI, Medicare, Institutional Medicaid and Medicare Savings Programs.
These slides were part of a South Central Alabama Development Commission Facebook live training 08/21/20 describing the State Health Insurance Services provided by that agency.
Life Insurance Trusts and Charitable Planning Techniquesscoop85
Learn techniques to provide protection for life insurance proceeds against estate tax exposure and creditors, and how to integrate charitable planning techniques that benefit the client and their family as well as selected charities.
What is Special Needs Planning?
Provides for an individual with special needs, taking into consideration the needs of the family as well as the individual.
Plans can be made by the individual and/or the loved ones of the individual-Child of any age-Sibling-Spouse-Parent-Other relative or friend
Melisa Mysliwiec's presentation addresses social security benefits for children with disabilities for both themselves and their families and the proper steps to claim supplemental security income. Other insights from her talk included:
- Eligibility for Supplemental Security Income for Children with Disabilities
- Resources Included in Supplemental Security Income
- Proper Steps for Supplemental Security Income for Disabled Adult Children
- Correct Methods for Contacting the Social Security Administration
For more information on creating and revising plans for children with disabilities, contact attorney Melisa M.W. Mysliwiec at mmysliwiec@fraserlawfirm.com or 616-301-0800.
This presentation was given on 12/14/21 to help professional and lay caregivers understand how to help seniors in issues involving public benefits, including Social Security, SSI, Medicare, Institutional Medicaid and Medicare Savings Programs.
These slides were part of a South Central Alabama Development Commission Facebook live training 08/21/20 describing the State Health Insurance Services provided by that agency.
Life Insurance Trusts and Charitable Planning Techniquesscoop85
Learn techniques to provide protection for life insurance proceeds against estate tax exposure and creditors, and how to integrate charitable planning techniques that benefit the client and their family as well as selected charities.
What is Special Needs Planning?
Provides for an individual with special needs, taking into consideration the needs of the family as well as the individual.
Plans can be made by the individual and/or the loved ones of the individual-Child of any age-Sibling-Spouse-Parent-Other relative or friend
A Guide to Supplemental Security Income (SSI) for Groups and Organizations Julie Wilson
This booklet explains the SSI program to help institutions, groups, and organizations that have contact with people who get, or may be able to get, SSI.
How to plan for your personal and financial affairs now, so that YOU (not the state of Michigan) determine what happens to your children and assets when you become incapacitated or die.
Grants for Disabled People to Live in Their Own Homes have Many Benefits.pptxAmericas Got Grants
The ability to live on one's own is a major benefit of disability housing grants.
In this PPT, we will explain what Disability Housing Grants are, why they're important, and how they work. Find out what happens in the rest of the story.
What Is a Special Needs Trust in North DakotaRaymond German
To account for this dynamic, you could make a loved one with a disability the beneficiary of a special needs trust. Under program rules, the trustee could use the assets in the trust to improve the beneficiary's quality of life. Learn more about special needs trust in North Dakota in this presentation.
Hidden Risks and Mistakes to Avoid in Estate and Long-Term Care PlanningMelinda Merk
Co-presented with Buckley Kuhn Fricker on 11/4/17. Discusses the importance of pre-planning vs. crisis planning, and focuses on 3 key goals of estate and long-term care planning, which lead to Peace Of Mind, Protecting and Preserving Wealth, and Family Harmony: 1) maintaining control and protecting assets during life, including incapacity; 2) efficient and orderly wealth transfer at death; and 3) protecting beneficiaries from others and themselves.
Long term care expenses are one of the largest threats to retirment security. 70% of people over age 65 will need some form of LTC. This workshop outlines the potential costs, what expenses are covered by health insurance, medicare and medicaid.
Social Security Disability Insurance (SSDI) and Supplemental Security Income ...mitoaction
Please join us on Friday, August 7, 2015 as we welcome two experts in the field of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) provide an overview of these public benefits for Mito patients. Topics to be covered in this conference call include:
Overview of SSI and SSDI programs;
The differences between SSI and SSDI;
Social Security’s definition of disability as it pertains to mitochondrial disease;
How SSDI is designed to work, eligibility criteria, and the full range of SSDI benefitts;
The application and appeals processes for SSI and SSDI;
Resources available to support SSI and SSDI applications and appeals processes;
Information on SSI and SSDI benefits for adult disabled children;
Returning to work after obtaining social security benefits (the "Ticket to Work Program");
Specific challenges for individuals with mitochondrial disease in applying for SSDI and how to address them; and
The benefits of professional representation and how to evaluate representation options.
If you're like most parents who have a child with a disability, one of the most
important questions you ask yourself is…
What's going to happen to my child when I'm no longer here?
2. Elemental Economics - Mineral demand.pdfNeal Brewster
After this second you should be able to: Explain the main determinants of demand for any mineral product, and their relative importance; recognise and explain how demand for any product is likely to change with economic activity; recognise and explain the roles of technology and relative prices in influencing demand; be able to explain the differences between the rates of growth of demand for different products.
USDA Loans in California: A Comprehensive Overview.pptxmarketing367770
USDA Loans in California: A Comprehensive Overview
If you're dreaming of owning a home in California's rural or suburban areas, a USDA loan might be the perfect solution. The U.S. Department of Agriculture (USDA) offers these loans to help low-to-moderate-income individuals and families achieve homeownership.
Key Features of USDA Loans:
Zero Down Payment: USDA loans require no down payment, making homeownership more accessible.
Competitive Interest Rates: These loans often come with lower interest rates compared to conventional loans.
Flexible Credit Requirements: USDA loans have more lenient credit score requirements, helping those with less-than-perfect credit.
Guaranteed Loan Program: The USDA guarantees a portion of the loan, reducing risk for lenders and expanding borrowing options.
Eligibility Criteria:
Location: The property must be located in a USDA-designated rural or suburban area. Many areas in California qualify.
Income Limits: Applicants must meet income guidelines, which vary by region and household size.
Primary Residence: The home must be used as the borrower's primary residence.
Application Process:
Find a USDA-Approved Lender: Not all lenders offer USDA loans, so it's essential to choose one approved by the USDA.
Pre-Qualification: Determine your eligibility and the amount you can borrow.
Property Search: Look for properties in eligible rural or suburban areas.
Loan Application: Submit your application, including financial and personal information.
Processing and Approval: The lender and USDA will review your application. If approved, you can proceed to closing.
USDA loans are an excellent option for those looking to buy a home in California's rural and suburban areas. With no down payment and flexible requirements, these loans make homeownership more attainable for many families. Explore your eligibility today and take the first step toward owning your dream home.
The European Unemployment Puzzle: implications from population agingGRAPE
We study the link between the evolving age structure of the working population and unemployment. We build a large new Keynesian OLG model with a realistic age structure, labor market frictions, sticky prices, and aggregate shocks. Once calibrated to the European economy, we quantify the extent to which demographic changes over the last three decades have contributed to the decline of the unemployment rate. Our findings yield important implications for the future evolution of unemployment given the anticipated further aging of the working population in Europe. We also quantify the implications for optimal monetary policy: lowering inflation volatility becomes less costly in terms of GDP and unemployment volatility, which hints that optimal monetary policy may be more hawkish in an aging society. Finally, our results also propose a partial reversal of the European-US unemployment puzzle due to the fact that the share of young workers is expected to remain robust in the US.
1. Elemental Economics - Introduction to mining.pdfNeal Brewster
After this first you should: Understand the nature of mining; have an awareness of the industry’s boundaries, corporate structure and size; appreciation the complex motivations and objectives of the industries’ various participants; know how mineral reserves are defined and estimated, and how they evolve over time.
how can I sell pi coins after successfully completing KYCDOT TECH
Pi coins is not launched yet in any exchange 💱 this means it's not swappable, the current pi displaying on coin market cap is the iou version of pi. And you can learn all about that on my previous post.
RIGHT NOW THE ONLY WAY you can sell pi coins is through verified pi merchants. A pi merchant is someone who buys pi coins and resell them to exchanges and crypto whales. Looking forward to hold massive quantities of pi coins before the mainnet launch.
This is because pi network is not doing any pre-sale or ico offerings, the only way to get my coins is from buying from miners. So a merchant facilitates the transactions between the miners and these exchanges holding pi.
I and my friends has sold more than 6000 pi coins successfully with this method. I will be happy to share the contact of my personal pi merchant. The one i trade with, if you have your own merchant you can trade with them. For those who are new.
Message: @Pi_vendor_247 on telegram.
I wouldn't advise you selling all percentage of the pi coins. Leave at least a before so its a win win during open mainnet. Have a nice day pioneers ♥️
#kyc #mainnet #picoins #pi #sellpi #piwallet
#pinetwork
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
how to swap pi coins to foreign currency withdrawable.DOT TECH
As of my last update, Pi is still in the testing phase and is not tradable on any exchanges.
However, Pi Network has announced plans to launch its Testnet and Mainnet in the future, which may include listing Pi on exchanges.
The current method for selling pi coins involves exchanging them with a pi vendor who purchases pi coins for investment reasons.
If you want to sell your pi coins, reach out to a pi vendor and sell them to anyone looking to sell pi coins from any country around the globe.
Below is the contact information for my personal pi vendor.
Telegram: @Pi_vendor_247
How Does CRISIL Evaluate Lenders in India for Credit RatingsShaheen Kumar
CRISIL evaluates lenders in India by analyzing financial performance, loan portfolio quality, risk management practices, capital adequacy, market position, and adherence to regulatory requirements. This comprehensive assessment ensures a thorough evaluation of creditworthiness and financial strength. Each criterion is meticulously examined to provide credible and reliable ratings.
Turin Startup Ecosystem 2024 - Ricerca sulle Startup e il Sistema dell'Innov...Quotidiano Piemontese
Turin Startup Ecosystem 2024
Una ricerca de il Club degli Investitori, in collaborazione con ToTeM Torino Tech Map e con il supporto della ESCP Business School e di Growth Capital
Abhay Bhutada Leads Poonawalla Fincorp To Record Low NPA And Unprecedented Gr...Vighnesh Shashtri
Under the leadership of Abhay Bhutada, Poonawalla Fincorp has achieved record-low Non-Performing Assets (NPA) and witnessed unprecedented growth. Bhutada's strategic vision and effective management have significantly enhanced the company's financial health, showcasing a robust performance in the financial sector. This achievement underscores the company's resilience and ability to thrive in a competitive market, setting a new benchmark for operational excellence in the industry.
The secret way to sell pi coins effortlessly.DOT TECH
Well as we all know pi isn't launched yet. But you can still sell your pi coins effortlessly because some whales in China are interested in holding massive pi coins. And they are willing to pay good money for it. If you are interested in selling I will leave a contact for you. Just telegram this number below. I sold about 3000 pi coins to him and he paid me immediately.
Telegram: @Pi_vendor_247
1. Planning for a Loved One
With Special Needs
and
Estate Planning for Parents of
Persons with Developmental and
Other Severe Chronic Disabilities
2. Presented by
Fredrick P. Niemann, Esq.
Elder Law, Asset & Estate Protection
Planning, Medicare, Medicaid and
Veteran’s Benefit Assistance Lawyers
www.specialneedstrustnewjersey.com
www. njelderlawcenter.com
www.njmedicaidlawattorney.com
Visit me at
Hanlon Niemann, PC
3499 Route 9 North, Suite 1F
Freehold, NJ 07728
Phone: (888) 800-7442
fniemann@hnlawfirm.com
3. Fredrick P. Niemann, Esq.
Fredrick P. Niemann offers his clients over 30
years of accomplished practice in the law. He is a
member of the National Academy of Elder Law
Attorneys, the Guardianship and Conservatorship
Committee of NAELA, Monmouth County
Probate and Estate Committee and the Monmouth
County Chancery Practice Committee. Mr.
Niemann is one of the few attorneys in New Jersey,
accredited by the Veteran’s Administration, to
apply for Aid and Attendance benefits for Veterans
and/or their spouses.
4. Legal Wit
What’s wrong with lawyer jokes? Lawyers don’t
think they’re funny, and nobody else thinks
they’re jokes.
How can you tell when a lawyer is lying? His lips
are moving.
5. Cont.
What’s the difference between a good lawyer and
a great lawyer? A good lawyer knows the law. A
great lawyer knows the judge.
The first thing we do, let’s kill all the lawyers.
Shakespeare
6. Facts of Life
1. Persons with disabilities are living longer and public
benefits are often necessary.
2. There is no guarantee that public benefits will provide
adequate resources over the disabled person’s lifetime.
3. There is no guarantee that public agencies will provide
services and advocacy over the disabled person’s
lifetime.
7. What Does Planning Involve?
Preserving your loved one’s financial
security and quality of life
Addressing key issues: Those key issues are:
Understanding the role of public benefits today
Making assumptions about public benefits in the
future
Using estate planning/trusts to protect your assets for
the financial security of your loved one’s future
9. Public Benefits at a Glance
Financial Benefits
Supplemental Security Income (SSI)
Means tested: Income and asset limitations for eligibility
Social Security (SS)
&
Social Security Disability Insurance
(SSDI)
Not means tested but subject to work credits
or parents’ eligibility
10. Public Benefits at a Glance
Medical Benefits
Medicaid
Automatic with SSI
Must apply for SS/SSDI for first 2 yrs
Medicare
After two years of SSDI
11. Supplemental Security Income (SSI)
Must meet SSA’s definition of “disability” and
have limited assets/income
Provides monthly income for food/shelter
Gateway to Medicaid / in-home support
services
12. Social Security (SS) / Social Security
Disability Insurance (SSDI)
Social Security for individuals:
Disabled before age 22 and
With parents eligible based on their work record if retired,
disabled or deceased
SSDI for individuals with work record
Social Security benefits may reduce or eliminate
SSI benefits if greater than monthly SSI benefit
13. Medical Assistance & Support
Medicaid:
SSI recipients automatically receive Medicaid
Covers “medically necessary” services, equipment,
hospitalization
In-home services needed to live at home: personal care,
housekeeping, cooking, transportation to doctors
SS & SSDI individuals must apply for Medicaid
Medicare:
Medical coverage, including doctors, hospital, skilled care
Individuals with SS or SSDI eligible for Medicare after 2 years
of eligibility
16. Typical Timeline for a Child
With a Disability
Upon Attaining Age 18
Deeming of parents’ income and resources to
the disabled child ends.
Child becomes eligible for public benefits based
upon evidence of disability and the child’s low
income and resources – parents’ resources not
considered in determining child’s eligibility.
Parental decision-making authority ends Guardianship may be necessary.
17. Providing for Persons
with Disabilities
Pitfalls to commonly used eligibility
strategies:
¦ Uniform Gift to Minors Act Accounts (UGMA
or POD Accounts)
¦ Unstructured Beneficiary Designations
¦ No planning at all
18. Uniform Gifts to Minors Act
(UGMA) Accounts
¦Once the child takes control of the account ( age
18 or 21), the child may then use the money for
purposes other than education -- regardless of the
custodian’s wishes.
¦
UGMA accounts are considered available
resources for purpose of SSI eligibility.
19. Unstructured Beneficiary Designations
Naming an SSI, beneficiary Medicaid recipient or
minor child as the beneficiary of a retirement plan
(401k,IRA, etc.), life insurance policy annuity or
any other resource, investment, asset (ie.
brokerage account, CD’s, money market, etc.) will
cause a reduction or elimination of public benefits.
20. No Planning at All
Dying intestate (without a will or trust) will usually leave
all or a portion of the estate of a single parent, person to
the decedent’s children.
¦
Any child receiving SSI or Medicaid will lose
eligibility until the inheritance is either spent down,
converted to a exempt resource, or placed in a Special
Needs Trust.
21. Providing for Persons
with Disabilities:
Special Needs Trust Basics
Purpose - To preserve the disabled person’s
eligibility for needs-based governmental
benefits while providing assets which may be
used to supplement public benefits in order to
improve the disabled person’s quality of life.
22. Elements of a
Special Needs Trust
A Special Needs Trust (SNT) is drafted
specifically so trust assets are not considered
to be “countable resources” in determining
the disabled person’s eligibility for public
benefits based on need.
23. Elements of a
Special Needs Trust
The SSA describes a discretionary trust
as “a trust in which the trustee has full
discretion as to the time, purpose and amount
of the distributions.”
If the beneficiary has no discretion or
mandatory rights over trust income or
principal of the trust distributions, the trust is
not counted in determining SSI eligibility.
24. Elements of a
Special Needs Trust
Assets in a SNT will not count as a resource
for public benefits purposes.
The assets in the SNT may be used to
supplement the beneficiary’s needs not
covered by public benefits without a
reduction or elimination of those public
benefits.
25. Examples of Permissible
SNT Expenditures
Education
Travel Expenses
Newspaper and Magazine Subscriptions
Personal Care Services
Home Care Services
Non-covered Medical Expenses
Vacations
Companions
Entertainment
National Review but not the NY Times
26. Does Every Person with a
Disability Need a Trust?
•
•
A trust is appropriate if it helps to achieve
greater independence or reliable asset
management.
Always keep in mind that a trust by its nature
means a loss of control over the funds by the
disabled beneficiary (This can be a good theory
ie; prodigal son or daughter)
27. Types of Special Needs Trusts
1.
Self-Settled Trust
2.
Third Party Trust
This is a critical planning technique for
parents, grandparents, and individuals who
want to gift to actual/potentially handicapped
persons, or person with severe medical
illnesses.
28. Special Needs Trusts vs.
Support Trust
•
If needs-based public benefits are either not
needed or not anticipated by the disabled
beneficiary, no need to establish a SNT.
• If public benefits are not an issue, it may be
appropriate to establish a support trust to provide
financial oversight and administration for the
disabled person’s behalf.
A. (ie: a traditional support trust for non
child with non-qualifying disabilities
B. But… what about the future? What
/individual’s health or disability
significantly?
SSI child or
if that child
deteriorates
29. Self-Settled SNT
1. Established with the assets of the disabled person
- proceeds of a personal injury award or other
court action, inheritances or gifts received before
the creation of the trust.
2. Must be established by a parent, grandparent,
guardian or a court.
3. The disabled person can be the only beneficiary
of a self-settled SNT. No remainder beneficiaries
may be named in the trust instrument.
30. Self-Settled SNT (cont’d)
4. Self-settled SNT must be inter vivo ( meaning exist
prior to death) and be irrevocable.
5. Medicare and Medicaid liens must be paid before
funding.
6. Self-settled SNT can be established only if the
beneficiary is under age 65.
7. “Pay-back” provision to the state of NJ or Medicare
is required by state and federal law.
A. For Medicaid/ Medicare benefits actually
paid
31. Third Party SNT
1. Established with assets owned by a third party
(ie: parents, grandparents, aunts, uncles) for
the benefit of the disabled person.
2. Usually established and funded by the parents,
relatives or friends of the disabled adult child
as part of an estate or gifting plan.
3. Other children can be named as remainder
beneficiaries after death of disabled person.
32. Third Party SNT (cont’d)
4. Third Party SNT may be revocable and inter vivos,
or irrevocable and testamentary.
5. No need to pay Medicare or Medicaid liens before
funding.
6. No age limit for disabled beneficiary.
7. “Pay-back” to the State of NJ, Medicaid and
Medicare provision not required (doesn’t matter if
beneficiary is an adult or minor)
33. The Golden Rule
The golden rule in SNT planning - the trustee
should make payments on behalf of the beneficiary
directly to third party vendors for equipment or
services which are not food or shelter. For
example, distributions directly to a retailer for a
radio or television, to an airline for a plane ticket,
or to a companion/aide for services rendered are
not income to the beneficiary.
34. Objectives Should be Expressed in The
SNT and Memorandum of Intent
The trust should set out broad instructions
that are not likely to change.
Example - “I wish that my child live as
independently as possible in the least restrictive
environment”.
35. Objectives Should be Expressed in the
SNT and Memorandum of Intent
The memorandum of intent should reflect
more timely and detailed instructions.
Example - “I have inspected the Monmouth County
Independent Living Center and, in the event of my
incapacity or death, I believe that this facility meets
my son David’s needs. Please make sure that David
is monitored regularly by the care manager, especially
regarding his medication because he is prone to
frequent side effects”.
36. Follow-Up Steps:
(1) Select Resources
Select a combination of resources that will
guarantee adequate funds for the disabled child’s
lifetime, such as insurance, savings, investments,
family assistance, etc., and change the ownership
of each asset to the trustee of the SNT.
37. Follow-Up Steps:
(2) Remove Child as Beneficiary
Remove the disabled child as the beneficiary from all of
the parents’, and others relatives’, financial programs, i.e.,
employer sponsored retirement plans, IRAs, KEOGHSs,
life insurance policies, joint accounts of all types,
brokerage and financial.
A. This is 1 of the 10 Commandments for asset
protection planning.
38. Follow-Up Steps:
(3) Meet With Caregivers
Hold a meeting with all interested parties, i.e., the
Guardian, all Trustees and Successor Trustees and
all siblings, to review the estate planning
documents, discuss plan and management of trust
assets.
39. Case Study: Nathan
Current situation:
18-year-old with autism
Lives with mom
Income from work programs, SSI, Social
Security (from dad who is deceased)
Limited personal assets (clothing, tv)
Qualifies for Medicaid
40. Case Study: Nathan
Future situation:
Who will make health care decisions?
Who will make financial decisions?
Where will he live?
How will his medical expenses be paid?
41. What Plan Could
Nathan’s Mom Make?
Possible Options:
Make no decisions/plans
Leave money to Nathan
Disinherit Nathan
Leave money to a future caregiver
Establish third-party SNT for Nathan
Establish first-party SNT for Nathan
42. Example: Distributions from a
Supplemental Needs Trust Directly
to an SSI Beneficiary
Jill is the trustee of a special needs trust established by her
deceased mother, Paula, for the benefit of Paula’s disabled
daughter and Jill’s sister, Anne. Anne’s living expenses,
including rent, food, transportation and clothing, total
approximately $2,000 per month. Jill sends Anne a check
on the first of every month for $2,000 so Anne can pay her
expenses. Since Anne is receiving cash income in excess
of her monthly SSI benefits, she loses her SSI. Since
Anne received Medicaid based on her SSI payment, she
also loses Medicaid.
43. Example: Distributions from a
Supplemental Needs Ttrust to Third Party
Vendors for Food or Shelter
Jill is the trustee of a testamentary supplemental needs
trust established by Joan under her last will and
testament for her adult disabled daughter, Pamela.
Pamela receives SSI, Medicaid, food stamps and
services from DDD. Pamela lives in an apartment. Jill
signed the lease as trustee of the SNT and pays all rent
directly to the landlord. The rental payments will
result in a reduction, but not the elimination, of
Pamela’s SSI benefits.
44. Example: Distributions from a SNT to
Third Party Vendors for Items Which are
Not Food or Shelter
Jill, a disabled adult, receives SSI. Joan is the trustee
of a special needs trust established by Jill’s parents
for her benefit. Jill likes to read the National Review
not the (New York Times.) Joan arranges with the
local newspaper distributor to deliver the National
Review not the (New York Times) to Jill on a daily
basis, including Sundays, and pays the bill directly to
the newspaper distributor. This is not considered
income, and will not affect Jill’s SSI benefits.
45. Follow-Up Steps:
(4) New Wills for Parents
Prepare Last Will and Testaments for parents
excluding the child from receiving any portion of
the parents’ estate outright and free of trust which
may cause the disabled child to lose government
benefits.
Create a Discretionary Supplemental Needs
Trust to protect future quality of life for the child.
46. Periodic Update and Review
The Estate Plan should be periodically reviewed to:
• Ensure all assets either are owned by the SNT, or
SNT is named as the beneficiary of the assets.
A. The importance of beneficiary designations
• To update trustees and persons representatives and
power of attorney
• Changes in the beneficiary’s condition or eligibility
for benefits.
• Changes in your economic situation.
48. What Steps Should You Take Today?
Step 1: Envision Your Child’s Future
Planning ahead makes a difference:
Where and with whom will your child live?
What type/level of care will be required?
Will a guardian/conservator be necessary?
Who else will be involved?
What kind of lifestyle is desired?
What unforeseen challenges could arise?
49. What Steps Should You Take Today?
Step 2: Create a Memorandum of Intent
Lays out goals/expectations:
Details preferences, needs, wishes, both medical and personal
Lists key people in child’s life
Helps guide:
Family members
Trustees
Caregivers
Others
50. What Steps Should You Take Today?
Step 3: Estimate Income & Expenses
Monthly income:
SSI, SSDI, Social Security, earned/unearned income
Monthly living expenses:
Housing, food, transportation, medical, recreation, etc.
Consider how any shortfall will be met
Income - Expenses = Shortfall
51. What Steps Should You Take Today?
Step 4: Utilize a Third-Party SNT
Provides supplemental funds for living expenses
not covered by other income sources
May be established by parents:
Through will
Through living trust
“Living” SNT lets others contribute
Trustee has discretion over distributions
52. The SNT Trustee Responsibilities
What are the trustee’s responsibilities?
Invests/manages assets
Distributes funds
Keeps books
Files tax returns
Hires advocates and care managers, etc., as needed
53. Selecting an SNT Trustee
Who should be the trustee?
Parent with professional co-trustee
Corporate or other professional trustee
Successor trustee
54. What Parents Should Do
Create Memorandum of Intent
Calculate future financial need
Establish SNT through will or living trust
Fund SNT with life insurance
Name SNT as beneficiary of accounts, plans,
etc.
Reduce taxable estate
55. What Your Child Should Do
Sign Advance Directives, if legal capacity
Have a legal guardian appointed:
When child without mental capacity becomes an adult and
parents want to maintain legal responsibility
Court appoints legal guardian
56. What If Your Child Has Assets?
Establish a First-Party SNT:
Provides funds for living expenses not covered
by other income sources
Maintains eligibility for public benefits
Must be established by parent, grandparent, legal
guardian or the court
State must be reimbursed from the trust for all
Medicaid expenses
57. Get Started Today
Understand your child’s eligibility for public
benefits.
Make plans for the future to maximize public and
private resources for your child’s benefit.
Make the SNT a key part of your estate plan.
Contact a special needs attorney for the assistance you need.
Fredrick P. Niemann, Esq.
NJ Elder Law and NJ Special Needs Trust Attorney
Hanlon Niemann, PC
3499 Route 9 North, Suite 1F
Freehold, NJ 07728
Phone: (888) 800-7442
fniemann@hnlawfirm.com
www.specialneedstrustnewjersey.com
www.njelderlawcenter.com
59. ADMINISTRATION OF
SPECIAL NEEDS TRUSTS
Presented by
Fredrick P. Niemann, Esq.
Hanlon Niemann, PC
3499 Route 9 North, Suite 1F
Freehold, NJ 07728
www.hnlawfirm.com
www.specialneedstrustnewjersey.com
fniemann@hnlawfirm.com
Elder Law, Asset & Estate Protection
Planning, Medicare, Medicaid and
Veteran’s Benefit Assistance Lawyers
R. 1:40 Approved Mediator by the NJ Supreme Court
Accredited Attorney by the US Veterans Administration for
Veterans Benefits
60. Trust Administration
A Special Needs Trust (SNT) must not only
be properly drafted and funded, but must
also be properly administered. Improper
distributions from a properly drafted and
funded SNT can result in the loss of public
benefits for the beneficiary of the trust.
61. Self-Settled, Third Party
and Marital SNTs
The rules of administration apply to selfsettled, third party and marital SNTs.
62. Distributions May Be Income
Even if the principal of a SNT is not
considered a resource by public benefit
providers because the trust was properly
drafted, distributions from the trust
MAY be considered income to the
disabled beneficiary if not properly
made.
63. Basic Rules for
Trust Administration
These basic rules define the types of
distributions which may be made from a SNT
and the impact of each type of distribution on
the public benefits of the trust beneficiary. It
is critical that trustees are aware of these rules.
64. Types of Trust Distribution
1. Direct Payments to the Beneficiary.
2. Payments to third party vendors for food,
clothing or shelter.
3. Payments to third party vendors for items
which are not food, clothing or shelter.
65. Direct Payments to the
Beneficiary are NOT Permitted
Cash paid directly from a SNT to a disabled
beneficiary of needs-based public benefits is
considered to be unearned income and will
affect eligibility or the amount of any benefit
received.
66. Example: Distributions from a
SNT Directly to an SSI Beneficiary
Jill is the trustee of a special needs trust established by her
deceased mother, Paula, for the benefit of Paula’s disabled
daughter and Jill’s sister, Anne. Anne’s living expenses,
including rent, food, transportation and clothing, total
approximately $2,000 per month. Jill sends Anne a check on
the first of every month for $2,000 so Anne can pay her
expenses. Since Anne is receiving cash income in excess of
her monthly SSI benefits, she loses her SSI. Since Anne
received Medicaid based on her SSI payment, she also loses
Medicaid.
67. SSI - ISM + PMV
1. SSI is intended to pay for a beneficiary’s food,
clothing and shelter.
2. Disbursements from a SNT by a trustee to a third
party vendor to cover food, clothing or shelter costs
result in the receipt of in-kind support and
maintenance (ISM) by the beneficiary.
3. ISM is valued under the presumed maximum
value (PMV) rule under which the SSI monthly
benefit is reduced by one-third (1/3rd) of the federal
benefit amount, or the actual value received,
whichever is less.
68. Payments to Third Party Vendors
for Food, Clothing or Shelter
It is often appropriate to make distributions
from a SNT which constitute ISM even
though the beneficiary will have a reduction in
public benefits to the extent of the PMV
because the SSI benefit alone is inadequate to
provide an appropriate level of food, clothing
and shelter for the beneficiary.
69. ISM + Medicaid Eligibility
As long as SSI eligibility is maintained,
even at a reduced level, Medicaid eligibility
is maintained.
70. Example: Distributions from a SNT
to Third Party Vendors for Food,
Clothing or Shelter
Jill is the trustee of a testamentary special needs trust
established by Joan under her last will and testament
for her adult disabled daughter, Pamela. Pamela
receives SSI, Medicaid, food stamps and services
from DDD. Pamela lives in an apartment. Jill signed
the lease as trustee of the SNT and pays all rent
directly to the landlord. The rental payments
constitute ISM and reduce Pamela’s SSI by one-third
(1/3rd), the PMV.
71. Payments to Third Party Vendors
for Items Which Are Not Food,
Clothing or Shelter
Distributions of this kind do not result in any
reduction of benefits so they are the most
desirable types of distributions for a trustee to
make.
72. Example: Distributions from a SNT to
Third Party Vendors for Items Which are
Not Food, Clothing or Shelter
Jill, a disabled adult, receives SSI. Joan is the trustee
of a special needs trust established by Jill’s parents
for her benefit. Jill likes to read the New York Times.
Joan arranges with the local newspaper distributor to
deliver the New York Times to Jill on a daily basis,
including Sundays, and pays the bill directly to the
newspaper distributor. This is not considered
income, and will not affect Jill’s SSI benefits.
73. Types of Distributions Not Considered
Food, Clothing and Shelter
• Home improvements, repairs, and maintenance by
outside source
• Tools to perform home improvements or repairs
• Installation of burglar alarm or monitoring/ response
system home
• School tuition, books, and supplies
• Health and life insurance premiums
74. Types of Distributions Not Considered
Food, Clothing and Shelter (Cont’d)
• Entertainment, including books, magazines and
newspapers; trips, movies, plays, museums and sporting
events; audio/video equipment; hobby supplies, etc.
• Vacation travel, but not lodging, since that is shelter
• Purchase and maintenance of car, or bus passes
•
Household goods and other items of personal
property of reasonable value
• Payment for cleaning supplies and paper products
75. Types of Distributions Not Considered
Food, Clothing and Shelter (Cont’d)
• Telephone expenses
• Dental care, physical therapy, massages, support services,
and other medical costs not covered by any public benefit
programs
• Home care services not covered by another program
• Durable medical equipment, such as wheelchairs
76. Examples of Trust Distributions
Which Will Reduce SSI Benefit
•
Shelter-related expenses (mortgage payments, real
property taxes, heating and cooling bills, electricity, water,
sewage, garbage collection)
• Groceries or meals
• Items of clothing
• Cash for any purpose
77. Other Types of Distributions Which
May Effect Public Benefits Eligibility
Income and resources of parents are deemed
to minor children. Trust distributions to
parents may be considered income to them
and, therefore, may be deemed to minor
children. If the children are public benefit
recipients, distributions to parents may effect
the eligibility of children.
78. Other Rules
Governing Distributions
Distributions should be made by the trustee to
accomplish the intention of the grantor as set
forth in the trust instrument.
Distributions should be made to provide for
the beneficiary’s needs.
79. Credit Cards
In appropriate cases, it makes sense to consider
providing the trust beneficiary with a credit card.
Credit cards are loans and loans are not income.
Even if the credit card is used for food, clothing, and
shelter, it is still a loan. The credit card could be in
the name of the individual beneficiary or the name of
the trust.
80. SNT as Owner of Home
• Home is an “exempt” asset.
• A beneficiary of public benefits living in a home
which he owns or which is owned by a SNT is NOT
considered to be receiving ISM in the form of rentfree shelter.
81. SNT as Owner of Home
Advantages
1. Many beneficiaries of SNTs do not have the
capacity to manage residential real estate.
2. The home is protected from creditors and from
the temptation to borrow against the home.
3. If beneficiary is married, trust ownership protects
the home in the event of a divorce.
82. SNT as Owner of Home
Disadvantages
1. If a self-settled SNT owns a home, the home is
likely to be lost upon the death of the beneficiary due
to the required pay back provision.
2. Family members or others who occupy the home
must pay their pro rata share of the expenses.
83. SNT as Owner of Home
• If a self-settled SNT is involved, parents should
purchase the home. Will avoid pay back and no pro
rata contribution needed.
• If the SNT beneficiary is under age 55 and not
likely to live to age 55, home should be owned by the
beneficiary since NJ only seeks recovery of Medicaid
benefits paid after age 55 from the estate of a
deceased beneficiary.
84. SNT as Owner of a Home
If possible, home should be purchased in cash.
Payment of mortgage is ISM to the disabled person,
each monthly payment being valued at no more than
the PMV.
85. SNT as Owner of a Home
Payment of other household expenses by a SNT may
also constitute ISM. The following 10 items are the
only expenses considered in determining whether the
beneficiary has received ISM:
Food
Gas
Mortgage
Electricity
Real Estate Taxes
Water
Rent
Sewer
Heating Fuel
Garbage Removal
86. Additional Household Expenses
If the trust pays for improvements or renovations to
the home, e.g., renovations to the bathroom to make
it handicapped accessible or installation of a
wheelchair ramp or assistance devices, etc., the
individual does not receive income.
Disbursements from the trust for improvements
increase the value of the resource and, unlike
household operating expenses, do not provide ISM.
87. SNT as Owner of a Vehicle
1. Often a handicap-equipped van is required.
Who should own the van?
2. Title - held by trust or family member?
- liability for accidents
- “pay-back” provision
3. Insurance - critical to have adequate insurance
- trust may pay insurance costs
4. Document transportation needs of disabled
person for Medicaid.
88. SNT as Owner of a Vehicle
The difficulty with a SNT owning a van is that it
is often impossible to obtain insurance for the
trust. A simple solution - have the trust lease the
van and pay all expenses, including insurance,
gas, maintenance, etc.
89. SNTs and Section 8 Housing
The Special Needs Trust should never pay the
beneficiary’s rent in Section 8 Housing.
Distributions from the trust are considered income
to the tenant regardless of whether the distribution is
made directly to the beneficiary or to a third party.
90. Recap of Distribution Rules
for Special Needs Trusts
• Do not pay cash to beneficiary
• Do not pay cash to family of beneficiary under 18
years of age
• Distribute to third party vendors
• Retain public benefits counsel
• Retain care manager
91. Recap of Distribution Rules
for Special Needs Trusts (Cont’d)
• Always pay:
--Income taxes
--Trustee fees
--Attorney fees
--Administrative costs
--All regularly recurring expenses
92. Recap of Distribution Rules
for Special Needs Trusts (Cont’d)
• Try to avoid payment of :
--Mortgage
--Rent
--Real estate taxes
--Homeowner’s insurance
--Utilities: Gas, Electric, Heat, Water, Sewer
--Garbage removal
--Food
--Clothing
93. First Steps for Trustees
Review the document with an attorney familiar with Special
Needs Trusts
Meet with the beneficiary and assess his or her needs
Identify the public benefits which the beneficiary is receiving
or for which he/she may be eligible
Gather all of the assets subject to the trust
Get tax identification number for the trust
Meet with any care managers, advisors, or fiduciaries
required by the trust agreement
Seek assistance and hire advisors
94. How to Identify the
Beneficiary’s Needs
1. Trustee should develop a wish list of goods and
services to be purchased for the beneficiary.
- List should be prepared by the beneficiary and
the beneficiary’s friends and family
2. Trustee should obtain information from the
beneficiary’s school records or life care plan.
3. Care manager performs an annual evaluation of
the beneficiary which will help identify his/her needs.
95. Trustee Duties and Responsibilities
1. Trustees should hold periodic meetings to receive
input and make decisions concerning distributions.
2.
Expectations should be established.
3. An agenda should be maintained and minutes
provided to participants.
96. Trustee Duties and Responsibilities
(Cont’d)
4. Self-Settled SNTs - the trustee must balance the
long and short-term needs of the beneficiary.
5. Third Party SNTs - trustee must consider the
interests of the remainder beneficiaries.
97. Choose a Management System and
Team to Carry Out Your Intent
Many SNTs fail because of ill-equipped Trustees.
A system of checks and balances works best in trust
administration.
Divide the duties into three categories:
• Financial
• Personal, including advocacy and care management
• Accountability
98. Selection of Management
Team Members
Parent, sibling or friends
Attorney
Financial Institution
Nonprofit Organization
Co-Trustees
Social Worker or Care Manager
99. SNT Trustee:
Financial Manager
The Trustee should be a person with expertise in
money management and disability programs.
Institutional trustees may provide investment
acumen. Although a parent often wants a sibling to
act as trustee, there is often an inherent conflict of
interest. Since the sibling is usually named as a
remainder beneficiary, he/she has an incentive to
accumulate rather than distribute trust assets.
100. Investments
Prudent Investor Rule - requires trustee to invest and
manage trust assets “as a prudent investor would, by
considering the purposes, terms, distribution
requirements and other circumstances of the trust.
N.J.S.A. 3B:20-11.3 Generally, a growth and income
investment strategy is appropriate for a SNT.
101. SNT Trustee:
Public Benefits Expert
In addition to the usual challenges involved in
managing a trust (financial acumen, record keeping,
etc.), the trustee of a SNT has a more difficult job.
He/She must know the rules of the applicable
governmental programs, and must make and keep
track of payments to third party vendors.
102. Trustee Duties: Surety Bond
If there is no corporate trustee, a trust document
may include provision requiring a surety bond for the
individual.
Since the trustee has very broad
discretion as to how the trust income and principal
are to be used, a surety bond might be considered as
a way to safeguard trust assets. The bond should be
in an amount equal to the trust assets. The amount
the bond should be reviewed annually.
The
premiums can be paid by the trustee from trust
income.
103. Trustee Duties: Accountings
The trust document may also provide for annual
accountings by the trustee. This enables the trust
beneficiary and non-trustee family members to
scrutinize the performance of the trustee. Public
benefit providers always require accountings from
trustees of self-settled SNTs.
104. Trustee Duties: Investments
The trustee has an obligation to invest the trust
assets in a manner designed to achieve the objectives
of the trust. As a general rule, the duties of a trustee
cannot be delegated. However, the Prudent Investor
Act authorizes the delegation of the investment
functions by trustee and relieves the trustee of
liability for investment performance under certain
circumstances.
105. Trustee Duties:
Investments (Cont’d)
An analysis must be made of the degree of risk which
the beneficiary can tolerate, as well as the cash-flow
needs of the beneficiary.
Expenses, such as
insurance premiums for a home or a van, medical
expenses not covered by other sources and
necessities not covered by other sources, must be
considered in any analysis of the beneficiary’s cashflow needs. The trustee must educate the beneficiary
and his or her family as to what are appropriate
investment vehicles and expectations.
106. Trustee Duties: Recordkeeping
It is crucial that the trustee maintain accurate records
of assets, income and disbursements. SSA reserves
the right to review all disbursements made to or on
behalf of the beneficiary. The trustee’s records must
clearly reflect the payee of each distribution and the
purpose for which it is made. If a challenge is made
by SSA that a distribution constitutes income to the
beneficiary, the trustee must have accurate records to
refute the challenge.
107. Trustee Duties:
Reporting Requirements
SSA requires certain reporting for all SSI recipients.
The trustee must complete these reports in a timely
manner, so that the beneficiary’s eligibility will
continue. Existence of the SNT must be reported to
SSA and a copy provided, if requested. Any change
in the beneficiary’s address, employment, living
arrangements or income must be reported, including
distributions which exceed $5,000.
108. Trustee Duties: Appeals
If the beneficiary receives notice of an adverse
action, the decision must be appealed within ten days
in order to maintain benefits during the appeal
period. The trustee should request copies of all
communications from SSA to the beneficiary.
109. Trustee Duties: Budgeting
A trustee should establish a budget for the trust and
the beneficiary at the outset of the relationship, and
annually thereafter. The trustee will estimate the
annual income on a conservative basis. Any large
expenditures, such as for housing or transportation,
should be deducted prior to estimating income.
Taxes and trustee’s fees must then be deducted. The
remaining income should then be broken down for
use by the trustee in an appropriate manner on a
monthly basis.
110. Trustee Duties:
Tax Responsibilities
The trustee is responsible for preparing and filing all
federal and state tax returns for the trust. The
trustee should also prepare and file all federal and
state tax returns for the beneficiary in situations
where the beneficiary is unable to file those tax
returns him/herself.
111. Trustee Protector
• A Trust Protector oversees how the trust is
managed, without day-to-day involvement.
• The Trust Protector reviews accountings and
assessments from the care manager.
• The Trust Protector may hire and fire the trustee
or care manager without cause.
• A Trust Protector can be a professional, family or
friends.
112. THANK YOU FOR ATTENDING
PLEASE COMPLETE THE
WORKSHOP SATISFACTION SURVEY
BEFORE LEAVING.
Editor's Notes
{"49":"The next step is writing it all down. \nThe Memorandum of Intent should include ample information to help anyone involved in your child’s future care understand the child’s unique personality, strengths, challenges, needs, etc. It also should provide details about all aspects of the child’s lifestyle, including medical and rehabilitation needs, recreational activities, educational expectations and work goals. For example, under “Residential Directions,” the document may state that the child will one day own a home or that a live-in caregiver will be given rent-free accommodations in the home. \nThe Memorandum of Intent is not a legally binding document. But, because it can contain information not appropriate for SNT documentation, it can enhance the trustee’s understanding of the child’s situation and needs.\n","55":"If the individual with special needs is competent, at legal age, he or she should put in place critical estate-planning documents, including a will, advance directive and medical power of attorney.\nIf the individual is not competent, a parent or other individual can be named as guardian or, in extreme cases, conservator of both the individual and the estate.\nParents must be named as guardians to continue making legal decisions for a child who has attained legal age.\nThe role of guardian or conservator can be challenging when an individual is developmentally disabled and/or mentally ill.\n","11":"To qualify for SSI, an individual must meet the Social Security Administration’s definition of “disabled” and have limited assets and income. SSI can be impacted as follows:\nIt is reduced, dollar for dollar, if the individual has more than $____ in unearned monthly income, such as gifts, interest or rent. \nIt is reduced by one dollar for every two dollars earned if the individual has earned income (wages) above $_____ a month.\nIt is reduced by one third if the individual receives in-kind support and maintenance (i.e., food and shelter).\nFor eligible individuals, SSI pays up to $___ a month for food and shelter.\n","50":"Once you’ve described your child’s desired lifestyle, you’ll need to determine what it will cost and whether he or she will have adequate resources.\nWhen estimating your child’s future income, consider whether you will be receiving Social Security benefits and/or whether your child will qualify for SSI, have earned income from employment, or have unearned income, such as from investment returns.\nWhen considering monthly expenses, list costs for items under such categories as:\nHousing\nCare assistance\nPersonal needs\nEducation\nTransportation\nMedical/dental\nFood\nSocial/recreational\nYour child’s expenses may exceed his or her income. If so, the shortfall represents the minimum amount that should be set aside in an SNT.\n","39":"[Note to speaker: replace “autism” with relevant condition based on audience.]\nOnce families understand the role of public benefits, they can make decisions about their children’s future. Planning ahead is critical to preserving a child’s quality of life. Let’s consider Nathan…. \nWhile Nathan’s mom is alive and able-bodied, Nathan will continue to live at home and mom will make his medical and financial decisions. Nathan receives Social Security because his dad was eligible for benefits before he died. Nathan’s mom is not currently eligible for Social Security.\n","56":"Pooled trusts, established by disability organizations, provide an alternative for families with limited assets.\n","12":"A growing number of parents over age 65 are caring for adult children with special needs. As parents retire, become disabled or die, their children become eligible to receive their Social Security benefits as follows:\nIf a parent who is eligible for Social Security is retired or disabled, the child receives an amount equal to ½ of the parent’s benefit.\nIf a parent who was eligible for Social Security dies, the child receives an amount equal to ¾ of what the parent was receiving or would have received at retirement.\nIf a child is receiving SSI, it can be reduced, dollar for dollar, by Social Security. A large Social Security benefit can even disqualify the child for SSI, triggering the loss of Medicaid. The child then must reapply for Medicaid separately. \nA special needs attorney can help you plan ahead for this type of situation.\n","51":"An SNT offers a good way to preserve public benefits while providing the supplemental funds needed for a higher quality of life. Assets in the SNT do not disqualify the beneficiary from public benefits because they are owned by the trust. The trustee distributes assets for the benefit of the beneficiary according to strict guidelines. \nIn Nathan’s case, the parents might have funded the SNT with life insurance and left the assets accumulated over their lifetime to their daughter. This would have allowed them to preserve Nathan’s quality of life by maximizing public and private resources, while still meeting other important estate planning goals and preserving harmony between brother and sister. \nAn SNT also can be tailored to meet individual situations, such as the need for an advocate, care manager or conservator.\n","40":"What will happen to Nathan?\nAfter Nathan’s mom dies, his SSI will increase but his resources will not be sufficient to preserve his quality of life.\nNathan will need someone to make his medical and financial decisions. He also will need a place to live if he is unable to stay in the family home. And he will need a way to pay for medical expenses. \n","13":"Government decides amount of in-home support offered to Medicaid recipients.\nIn-home support can include paramedical services.\n","52":"Once parents decide to establish an SNT, they should carefully consider who will assume the role of trustee. The trustee’s responsibilities are complex and errors can result in the child losing public benefits.\nWhether the trustee is a family member, attorney or corporation, it is important to name a successor trustee. Some families also set up a Trust Advisory Panel, which allows members (parents and siblings, advocates. others) to weigh in on important decisions regarding the trust. \nAdditionally, the trustee may be directed to or choose to involve others in the execution of duties. For example, the trustee may hire an investment manager or be directed by the trust to retain an advocate or care manager who will oversee the personal needs of the beneficiary. \n","41":"What plan of action could Nathan’s mom make to protect him after her death? \nNo plans: If Nathan inherits assets under mom’s will, he will be disqualified from SSI and be forced to live on the inheritance and income from Social Security and work programs. When the inheritance is gone, Nathan will qualify for SSI again but have no supplemental income to preserve quality of life.\nDisinherited: If mom leaves all assets to Nathan’s sister with the understanding that she will care for Nathan, he will remain eligible for SSI but could become destitute if the sister cannot or will not comply with the mom’s request.\nNon-SNT Trust: If Nathan’s mom creates a trust that is not an SNT, income and principal will be counted as his assets and he will lose SSI.\nThird-Party SNT: If Nathan’s mom establishes a third-party SNT, Nathan will keep SSI and benefit from supplemental funds, which the trustee will distribute. The trust can be structured to help ensure the involvement of people important to Nathan. [optional:] The trust also may require and provide money for periodic monitoring of Nathan’s caregivers. At Nathan’s death, there will be no “payback” to Medicaid.\nFirst-Party SNT: If Nathan has his own assets, his mom can establish a first-party SNT. This works in the same way as the third-party SNT except that, at Nathan’s death, any funds remaining in the trust are subject to a Medicaid payback.\n","48":"As we’ve seen from Nathan’s situation, planning can make the difference between just getting by and enjoying a higher quality of life.\nThe first step is considering how you – and your child – envision the future. \n[Additional point]\nWhat unforeseen challenges could arise, such as medical complications?\n","54":"If there is an SNT in place, anyone wishing to bequest assets from a retirement plan, insurance policy, etc. should be told to name the SNT, rather than the child, as beneficiary.\nParents with more than one child who wish to pass assets equitably can provide for the child with special needs by funding the SNT with life insurance.\nFunding an irrevocable SNT removes the transferred assets from the parent’s taxable estate.\n"}