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Why should we consider Special Needs Trusts (SNTs)? Because Medicaid may be your loved one's only way of securing health care benefits; SSI benefits may be your loved one's only source of income, and ... they can lose those benefits if someone else tries "to help them" the wrong way.
Both Medicaid and SSI are "means tested" programs. In plain language, that means you must be poor enough (under standards set by SSI and Medicaid) to qualify). However, as important as Medicaid is, you should also keep in mind that it "won't put groceries on the table!" Medicaid pays health care bills, but never puts money in the beneficiary's pocket. So, while we may want to help our loved ones "with the groceries" (or otherwise - keep in mind that there is more to life than having your medical bills paid), we don't want to do it in a way that causes our loved ones to lose Medicaid and SSI. That is where Special Needs Trusts come into play. Simply put, SNTs are important tools that help us qualify for Medicaid and SSI and, at the same time, meet other needs that an elderly or disabled person experience. In some ways, SNTs let us have our cake and eat it too. Special needs trusts can be used to fund a variety of supplemental needs ranging from:
- A home, including adjacent land, if the beneficiary lives there or intends to return to it;
- Health and dental treatment and equipment for which there are not funds otherwise available;
- Rehabilitative expenses and occupational therapy services;
- Medical and diagnostic treatment beyond Medicaid benefits, even though not medically necessary or lifesaving;
- Medical insurance premiums;
- Supplemental nursing care;
- Supplemental dietary needs;
- Eyeglasses;
- Travel;
- Entertainment;
- Companionship;
- Private case management;
- Cultural experiences;
- Expenses associated with bringing relatives or friends to visit with the beneficiary;
- Vacations;
- Movies;
- Telephone service and answering machines;
- Television and cable equipment and services;
- Radios, stereos and musical instruments;
- Training and education programs;
- Caretaker Expenses;
- Recreation, entertainment and travel for the beneficiary and a caretaker;
- Purchase of furniture for the beneficiary;
- Purchase of an automobile for transportation to medical treatment;
- Renovations to a house to adapt to the needs of the beneficiary;
- Cost of adapting a car or van to the needs of the beneficiary;
- Reading and educational materials;
- A burial plot and pre-paid burial expenses.
There are two varieties of Special Needs Trusts: those created with the beneficiary’s money (self-settled) and those created with someone else’s money (third-party). Federal and state law recognize two versions of the self-settled SNT. First, some beneficiaries may establish individual trusts pursuant to 42 U.S.C. § 1396p(d)(4)(A) (referred to as a “d4A trust”). Second, those who do not meet the criteria necessary to establish a d4A Trust are usually eligible to fund a pooled trust pursuant to 42 U.S.C. § 1396p(d)(4)(C) (referred to as a “d4C Trust” or “pooled trust”).
The general rule is that when a Medicaid or SSI beneficiary transfers assets to another person, they are penalized. Special Needs Trusts are an exception to the transfer rules. A Special Needs Trust is a discretionary spendthrift trust created for a disabled beneficiary which supplements but does not replace public benefits for which the beneficiary may be eligible. An SNT must be carefully drafted and implemented to conform with statutory and regulatory requirements to assure the ongoing SSI and Medicaid eligibility of the disabled person. The SSI and Medicaid rules regarding SNTs are similar though not identical. Technical rules, particularly those protecting incapacitated persons must be adhered to.
If you are currently serving as trustee of a special needs trust, then you may want to purchase a copy of the Special Needs Trust Administration Manual: A Guide for Trustees. It costs approximately $15.00 and provides important information regarding how you should operate the SNT on a day-to-day basis. We also suggest that you read How to Administer a Special Needs Trust by Stephen Dale.
Click here for more information regarding Special Needs Trusts and regarding how to respond to the special needs of individuals.
© 2004, Law Office of David L. McGuffey, LLC
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