Practicing Law in the following areas:
Special Needs Trusts
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 supplemental fund to provide services and programs not otherwise provided by programs such as Supplemental Security Income (SSI) and Medicaid, Medi-Cal in California.
During the existence of this trust, the Trustee is to pay for all special needs of the child from the net income and as much of the principal of this trust. That amount is to be whatever amount that the Trustee finds is reasonable for the child’s special needs.
In addition, my Special Needs Trust permits the Trustee to provide for the child’s food, clothing and shelter as long as the child’s SSI benefits are not eliminated. Federal Law currently states that if a third party provides the necessities of life, then the child’s SSI payments will only be reduced by one-third. As long as the child receives $1.00 of SSI, he will continue to receive Medi-Cal. In providing this provision, the child’s quality of life will be enhanced.
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