Helping You Secure Your Loved One’s Future

If you have a loved one with a disability whom you wish to provide for when you pass away, you might consider setting up a special needs or supplemental services trust. Importantly, these types of trusts can hold assets for the benefit of a special needs beneficiary without disqualifying them from receiving public benefits. At Middleton Law Offices, we understand the unique legal issues faced by special needs families in Ohio when it comes to estate planning. Providing compassionate counsel and skillful representation, our special needs trust attorney team is committed to helping you plan for the financial security of your loved one.

Types of Special Needs Trusts

There are two primary types of special needs trusts: third-party trusts and first-party trusts. A first-party special needs trust is one that is funded using the disabled person’s assets. For example, if an individual received a personal injury settlement due to an accident that resulted in a lifelong disability, these assets can be placed into a trust in order to preserve the victim’s eligibility for government benefits.

A third-party special needs trust is the most common type of special needs trust. With this type of arrangement, the trust is usually part of an estate plan. These legal constructs may be used by parents, grandparents, siblings, or other family members who wish to provide for a loved one with a disability or special needs. By creating a third-party special needs trust, the beneficiary does not own the assets as they would in the event they were distributed by a will. In such cases, distributions are structured in such a way that will ensure the beneficiary enjoys the highest quality of life possible, while still remaining eligible for public benefits.

At Middleton Law Offices, our special needs trust attorney team has extensive experience assisting clients with meeting their objectives. We take the time to help you plan properly for the care of your special needs loved one — and avoid any potential pitfalls that could lead to the loss of necessary public benefits.

Providing for Your Loved One with a Special Needs Trust

If you have a special needs child, a last will and testament isn’t enough. In fact, leaving assets or property to a loved one with special needs in your will could potentially jeopardize their eligibility for Supplemental Security Income, Medicaid, and other public benefits they may rely upon. A special needs trust, or supplemental needs trust, is a strategic solution that can allow you to bestow assets to someone with a physical, emotional, or mental disability without making them ineligible for public benefits.

A special needs trust is meant to supplement your loved one’s benefits, rather than replace them. These types of trusts can be used for the following:

• Out-of-pocket medical expenses
• Dental care
• Physical rehabilitation
• Medical equipment
• Transportation
• Education and training
• Recreation and vacation
• Home furnishings
• Personal care attendants
• Funeral arrangements

There are a number of benefits associated with special needs trusts. In addition to making sure your loved one will have the financial resources they need to live comfortably, a special needs trust can help enhance their lifestyle and ensure your assets will be used the way you intended. Specifically, the assets must be distributed in accordance with the terms of the trust instrument. By leaving the assets to someone else and asking them to distribute some of them to your special needs child, you run the risk that your request won’t be honored — or in some cases, the assets may even be seized by creditors.

At Middleton Law Offices, our attorneys are well-versed in helping clients establish special needs trusts and advising them regarding their available options. We will work closely with you to tailor a special needs trust that can help provide for the future care of your loved one. Our special needs trust attorney team will implement a strategy to give you peace of mind by knowing that the assets you are leaving behind will help improve the quality of life for your special needs loved one.

Contact an Ohio Special Needs Trust Attorney

The rules regarding special needs and supplemental needs trusts can be complex. It’s essential to work with an attorney who has deep knowledge of these matters. At Middleton Law Offices, our special needs trust attorney team can skillfully assist you with creating a trust that satisfies your wishes and provides for your loved one. Contact Middleton Law Offices today at 419.548.0196 for a consultation to learn how we can help.