A special needs or supplemental needs trust is one way to prevent the loss of certain government benefits such as SSI and Medicaid when you get a settlement. It must be established by a parent, grandparent, guardian or court. Sometimes the court where the personal injury case is settled can handle it, sometimes it will be referred to another court. You will also need someone to act as a a trustee. You could also use a pooled trust administered by a not-for-profit. You might ask your personal injury attorney to refer you to an elder law or special needs attorney. This response is general in nature and is not legal advice. No attorney client relationship is formed by it.
Answered on Aug 17th, 2011 at 12:06 AM