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A Special Needs Trust For A Young Man Who Lost His Medicaid And SSI Benefits

If you you or a  friend has a family member that is a child with a disability you probably know the challenges it presents.  When a person with a disability is receiving Medicaid and/or SSI benefits and receives money (from a lawsuit or inheritance) it can unintentionally cause the child to lose government benefits. We were invited by a…

The Invaluable Benefits of a Well Drafted Durable Power of Attorney.

This month’s ‘Tips and Tales’ focuses on the invaluable benefits of a well drafted Durable Power of Attorney. Tale:   Jane Smith was involved in a catastrophic automobile accident.  Although rendered a paraplegic her cognitive abilities were not affected.  Since she was able to speak and communicate it was not necessary to pursue legal guardianship in order for her to…

How Traumatically Brain Injured Clients Could Have Avoided Guardianship

Hindsight is twenty-twenty and it is always easier to assess what should have been done after the fact. Consider some very simple yet powerful planning tips for your and your friends’ young adult children. Tale: A.B. was nineteen (19) years old when he was hit by a police vehicle during a police chase.  A.B. suffered traumatic…

Beware The Pitfalls of Over-Structuring a Settlement

Plaintiff’s receiving a settlement want to have it safely and conservatively invested.  As attorneys, we share their concern about dissipation of the settlement perhaps for different reasons.   To safeguard the client (sometimes from their own fiscal irresponsibility) structured settlements are an option.  The use of a structured settlement can be a double-edge sword as explained below.…

A Settlement Which Needed To Be Protected By A Special Needs Trust (SNT)

If you have ever had a settlement which needed to be protected by a special needs trust (SNT) then you probably know that federal law requires the Medicaid lien to be repaid at the death of the beneficiary.  No one has a crystal ball to forecast the size of the Medicaid lien or, the value…

Special Needs Trusts Can Successfully Protect Child Support Payments For Minor And Adult Children With Disabilities

Imagine this scenario: You successfully obtained a settlement for a couple whose child was severely injured.  You collaborated with an elder law attorney to create a special needs trust to protect the settlement proceeds and preserve the client’s government assistance.  Several years later you get a call from one of the client’s that the couple is divorcing and asking…

Law Office of Stephanie L. Schneider, P.A.