Disabled Children / Supplemental (Special) Needs Trusts

New York Special Needs Trust Lawyer

Parents of a disabled child are often frustrated because they desire to provide for their child in their wills, but any inheritance would cause the child to lose government benefits. Most government benefits programs, including Medicaid, have strict financial eligibility rules. If your income and/or life savings are higher than the eligibility levels, you will not be entitled to receive benefits.

Solution: Establish a Supplemental (Special) Needs Trust

A Supplemental Needs Trust is specifically authorized by New York law. As long as the Trust complies with the strict statutory requirements, assets from the Trust can be used to provide for the well-being of your disabled child without disqualifying him/her from receiving governmental benefits.

A Supplemental Needs Trust for your disabled child can be created immediately, through your Will, or as part of the beneficiary clause of your own Living Trust.

No Medicaid Transfer Penalty for Parents

If you are ill, you can transfer your assets to a Supplemental Needs Trust for your disabled child and receive immediate Medicaid coverage for yourself without any Medicaid transfer penalty.

Your Own Assets Can Be Placed in a Supplemental Needs Trust

If you are disabled and under age 65, your own assets can be transferred to a Supplemental Needs Trust for your benefit. You could then qualify for immediate Medicaid coverage or other government benefits. There is no Medicaid transfer penalty period of ineligibility.

Personal Injury Settlements Can be Protected

You are no longer required to deplete your personal injury settlements on the cost of your care. If you are disabled and under age 65, you can have the settlement placed in a Supplemental Needs Trust for your benefit and then qualify immediately for Medicaid.

Located in Syracuse and Rochester, New York, Koldin Law Center, P.C., has been providing effective legal assistance to families and individuals interested in setting up a supplemental needs trust to protect their assets and future eligibility for government benefits. Our attorneys help clients in Monroe and Onondaga counties and throughout upstate New York.

The personal well-being of you and your disabled child is very important to us. If you are in need of a New York supplemental needs trust lawyer, please do not hesitate to contact us to schedule a free initial consultation.