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Special Needs Trust Had Properly Drafted Provisions

By Neal A. Winston

A recent case demonstrates the importance of the proper planning and drafting of a special needs trust in order to keep those funds from reducing or terminating Medicaid and other public benefits. Challenging a MassHealth decision, however, should be determined on a case-by-case basis.

Spouses and children receiving court-ordered support may also be eligible for needs-based public benefits such as MassHealth (Medicaid) and Supplemental Security Income (SSI). Both programs are income sensitive, and support that is directly received, including child support to the custodial parent, can cause these benefits to be reduced or terminated. However, if a Court orders the support to be paid directly into a Special Needs Trust (SNT) drafted with certain provisions, then the support would not be countable as it goes into the trust.  Distributions from the trust can then be structured in such a way as to have minimal or no effect whatsoever on public benefits received by the beneficiaries.  (more…)

Special needs attorney Neal A. Winston briefly describes special needs trusts in this video

Special and supplemental needs trusts serve two primary purposes — protecting government support and managing funds for the benefit of those who are not capable of managing funds themselves. Attorney Neal Winston regularly assists parents who may be doing estate planning for a disabled child with their own assets, or setting up planning for a disabled minor or adult who has received funds through an accident or inheritance. In each case, it  imperative that an attorney who is experienced with special needs trusts, carefully reviews the individual’s needs in order to recommend and design the proper trust model. According to Neal, “I like to make the trusts that I draft flexible so that they can be adapted over the years to the changing needs of the individual and governmental programs.”

Neal recently served as president of the Special Needs Alliance, a national, not for profit organization of attorneys dedicated to the practice of disability and public benefits law. Individuals with disabilities, their families and their advisors rely on the SNA to connect them with nearby attorneys who focus their practices in the disability law arena. (more…)

We asked Robert Fleming, a colleague of Neal Winston through the Special Needs Alliance, for permission to republish his recent post on the topic of appointing a trust protector to monitor and manage a special needs trust for when you no longer can.

Planning for the lifelong care of a loved one with special needs is daunting. Even the most carefully constructed special needs trust can’t be expected to account for all contingencies. Appointing a trust protector can provide added security when you’re no longer able to monitor the trust’s management yourself.  (more…)

Neal Winston, Special Needs attorney, will be conducting a panel discussion addressing current benefits for the disabled and individual and pooled special needs trusts.  The panel, sponsored by NAMI of Cambridge/Middlesex, will answer such questions as:

How can I assist and protect my loved one while I am living, and after I am gone?

What do I need to know about public  benefits programs and agencies that support the disabled?

How do I create an estate plan including a special needs trust?

Come join Attorney Winston on Tuesday December 6 at 6:30 pm, Macht Auditorium, Cambridge Hospital, 1493 Cambridge Street, Cambridge, MA – free and open to the public (validated parking).

Massachusetts Special Needs and Disability Lawyer

Neal Winston is a founding partner of Moschella & Winston, a Boston-area estate planning law firm. In this video, Neal explains his background from working as a VISTA volunteer to helping people solve their problems with governmental agencies such as Social Security, which led to him becoming an elder law attorney. Neal has furthered distinguished his work as an estate and trust attorney by serving children and adults with special needs as a special needs attorney. He has been president of the Special Needs Alliance, a national non-profit lawyers group dedicated to serving children and adults with special needs.

For more information, please watch the video below.

See the related video: What is a Special Needs Trust?

See our comprehensive FAQ on Special Needs Trusts.

To contact Neal Winston, please call (617) 776-3300.