IN Peters Township February/March 2019 | Page 47

INDUSTRY INSIGHT LONG-TERM CARE SPONSORED CONTENT PROTECTING ASSETS WITH A SPECIAL NEEDS TRUST A re you an individual with a disability or do you know a family member or a loved one who is disabled? If so, it is important for you to understand the role of a Special Needs Trust (SNT) when planning for the care and support of a disabled individual. An SNT is an essential legal tool that can be utilized to protect assets in order to create or maintain eligibility for the means-tested government benefits of a person with a disability. In order to qualify for certain benefits, a person is defined as “disabled” in accordance with the Social Security Administration (SSA) guidelines if he/she has a “medically determinable physical or mental impairment which results in the inability to do any substantial gainful activity and can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.” Within an SNT, the person with a disability is known as the beneficiary and is receiving the means-tested government benefits. These benefits allow a person with a disability to pay for defined expenditures that are critical to his/her well-being and quality of life. Any assets transferred into an SNT for a disabled person’s benefit are intended to supplement, not supplant, the person’s means-tested government benefits. Means-tested government benefits include YOUR SYMBOL OF PROTECTION Are you worried about losing your home or life savings to the cost of long term care? Are you a veteran or spouse of a veteran? If the answer is yes, we can help. What's at risk? Only everything you own Protecting People, Property, & Life Savings 724-942-6200 PittsburghElderLaw.com Medicaid, Waiver programs, Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), and Medicare. Some allowable expenditures from an SNT include medical care, clothing, and transportation, while expenditures that are normally not allowed include food and shelter. There are also asset limits that are imposed in order to qualify for or maintain specific means-tested government benefits. For people receiving SSI, their income cannot exceed $2,000 in countable assets if they’re single, or $3,000 if they’re married. If a person is receiving Medicaid (Medical Assistance) for nursing home care or in-home care through the PA Waiver program, he/she cannot exceed either $2,400 or $8,000 in countable assets, depending upon the individual’s gross monthly income. If a disabled person has countable assets in excess of the permitted levels, he/she will be ineligible for the specific means-tested government benefit. Two common scenarios where a person with a disability may lose or become ineligible for benefits are (1) the person receives an inheritance under a will or through intestate succession, or (2) the person receives a financial settlement from a lawsuit. In order to avoid any issues associated with these scenarios, a disabled person, including his/her agent under a power of attorney or court- appointed guardian, can transfer the proceeds from the inheritance or financial settlement to a Special Needs Trust to be used solely for the individual’s assistance and well-being without jeopardizing critical government benefits. When a disabled person transfers his/her own assets to an SNT, including assets from an inheritance or financial settlement, that person is creating a first-party (d)(4)(A) payback Special Needs Trust or (d)(4)(C) pooled Special Needs Trust. Those with a disability under 65 years of age, their parent, grandparent, legal guardian, or the court can establish these types of trusts. In general, any assets remaining in the payback Special Needs Trust after a person with a disability passes away are subject to a “pay back” to the state up to the amount that the state provided in Medical Assistance to the person. However, if a Special Needs Trust is established with assets from a family member or friend of a person with a disability, this type of trust is known as a third-party trust and is not subject to a “pay back” upon the passing of the beneficiary of the trust. There are many opportunities to protect assets for a person with a disability while also creating or maintaining eligibility for critical, means-tested government benefits. However, this planning should only be done with the professional guidance of an experienced elder law attorney. Ben Urso is an associate attorney with the elder law firm of Zacharia Brown P.C. Zacharia Brown assists individuals and their families with Medicaid eligibility, Veterans Benefits planning, estate administration, and estate planning including wills, powers of attorney, living wills, and trusts. Pittsburgh - area office locations include McMurray, McKeesport and Wexford. Phone: 724.942.6200. Website: www.pittsburghelderlaw.com. E-mail: [email protected]. PETERS TOWNSHIP ❘ F EB R UA RY / M A R C H 2019 45