None of the information herein is intended to be legal advice, you should consult your own attorney before executing any legal documents.
The beneficiary is the person who benefits from the trust. In the case of a Special Needs Trust for an injury victim, the beneficiary is the victim.
The assets or resources you must keep under $2,000 qualify for Medicaid. Prepaid funeral expenses in any amount are not counted. Neither a home nor one car is counted as a resource. However, there is a value cap on a house.
(d)(4)(A) Special Needs Trust (“SNT”)
A section in the federal statute governing Medicaid (42 USC 1396 p (d)(4)(A)) provides that a person can maintain eligibility if he or she places excess funds in an eligible trust. These are called “Special Needs” Trusts (“SNT”). SNTs are created with the assets of a disabled individual under age 65 and are established by his or her parent, grandparent or legal guardian or by a court. They also must provide that at the beneficiary’s death any remaining trust funds will first be used to reimburse the state for Medicaid paid on the beneficiary’s behalf.
(d)(4)(C) Pooled Special Needs Trust (“Pooled Trust”)
Such trusts pool the resources of many disabled beneficiaries, and those resources are managed by a non-profit association. Unlike individual disability trusts, many states allow pooled trusts for beneficiaries of any age and may be created by the beneficiary himself or herself. Please check your local state laws regarding establishing a pooled trust if you are over age 65. In addition, at the beneficiary’s death the state does not have to be repaid for its Medicaid expenses on his or her behalf as long as the funds are retained in the trust for the benefit of other disabled beneficiaries. Funds may be paid to the beneficiary’s family if the state Medicaid agency is repaid.
The rate of compensation paid to a corporate fiduciary based on their typical fees; usually based on a percentage of the trust’s market value and also can be based on a percentage of the trust’s income.
A trustee, personal representative, guardian, or other person, whether an individual or corporate entity, who by reason of a written agreement, will, court order, or other instrument has the responsibility for the acquisition, investment, reinvestment, exchange, retention, sale, or management of money or property of another.
A grantor is the person who establishes the trust and transfers assets to create the trust. In a Special Needs Trust for a tort victim, the grantor must be the parent, grandparent, guardian of the disabled person, or the court. For a Pooled Special Needs Trust, the injury victim can be the grantor/settlor and join the pooled trust.
A guardian is a person who has the legal control of the affairs of another person who is incompetent. The guardian can be guardian of the estate, guardian of the person, or both.
In Kind Support and Maintenance (“ISM”)
In kind Support and Maintenance is food and shelter furnished by the trust. It negatively impacts the SSI payment.
An irrevocable trust is a trust which by its terms cannot be revoked by the grantor. Special Needs Trusts are irrevocable as are Pooled Special Needs Trusts.
Inter Vivos Trust
A trust created during the grantor’s lifetime, which becomes effective during the grantor’s lifetime as opposed to a testamentary trust, which takes effect at the death of the grantor. An inter vivos trust is also known as a living trust.
To die without a will or without a valid will.
Public benefits that have a financial requirement. You have to prove you qualify to the government agency providing benefits.
Medicaid is a joint Federal and state program that helps with medical costs for some people with low incomes and limited resources. Medicaid programs vary from state to state, but most health care costs are covered if you qualify for both Medicare and Medicaid. People with Medicaid may get coverage for things like nursing home care and certain prescription drugs that are not covered by Medicare.
The federal health insurance program for: people 65 years of age or older, certain younger people with disabilities, and people with End-Stage Renal Disease (permanent kidney failure with dialysis or a transplant, sometimes called ESRD). For more information go to www.Medicare.gov
A term that is applicable when someone is receiving Medicaid benefits under the Institutional Care Program, which is the Medicaid program in Florida that helps pay for long term nursing home care. Everyone who receives long term care benefits is responsible for paying a portion of the overall cost. The individual receiving long term care benefits must pay his or her patient responsibility each month, and Medicaid pays the remaining balance.
Power of Attorney
The power of attorney names an individual to act on your behalf during your lifetime if you become disabled or incapacitated and cannot make decisions.
Sometimes, people who receive Social Security benefits are not able to handle their own financial affairs. In those cases, and after careful investigation, Social Security appoints a relative, friend or another interested party to handle their Social Security matters. That person is called a Representative Payee. They are required to provide detailed records of these funds. Having power of attorney over someone does not automatically qualify that person to be a Representative Payee. See www.ssa.gov/oig/hotline/repayee.htm
Social Security Disability Insurance (“SSDI”)
Social Security Disability Insurance (SSDI) is a program financed with Social Security taxes paid by workers, employers and self-employed persons. In order to be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work. Disability benefits are payable to disabled workers, disabled widow(er)’s or adults disabled since childhood, who are otherwise eligible. Benefits may be payable to a worker’s dependents, as well. The monthly disability benefit payment is based on the Social Security earnings record of the insured worker on whose Social Security number the disability claim is filed. See www.socialsecurity.gov
Medicaid pays medical bills. Supplemental needs are those not covered by Medicaid. So a SNT can pay for medical needs that are not already provided for by Medicaid, rent or food. It can pay for special wheel chairs, hair needs, personal grooming, vacations, etc. The language of the trust should say assets can be used to supplement and not supplant what is provided for by government benefits.
Supplemental Security Income (“SSI”)
The SSI program provides monthly income to people who are age 65 or older, or are blind or disabled, and have limited income and financial resources. If you have more than $2,000 in assets you can’t qualify for SSI. In addition, there is a monthly income gap that can’t be exceeded. You can be eligible for SSI even if you have never worked in employment covered under Social Security. www.socialsecurity.gov
Third Party Trust
A third party trust is a trust that is established by someone other than the trust beneficiary and with funds in which the beneficiary has no ownership interest. Examples of third parties could include the parents of adult children, grandparents, aunts, uncles, brothers, sisters, cousins, friends, or any other independent party with no duty of support. One principal advantage of these trusts is that they do not need to contain payback provisions, which means that assets can be passed on to other family members at the trust beneficiary’s death free of any State liens.
A written agreement between a grantor and a trustee providing the terms of a trust.
The property owned by the trust, which can include real, personal and intangible property.
A trust is a legal document under which assets are held and administered for the benefit of a beneficiary where the document spells out the terms and conditions of distribution and the terms by which the trust is to be administered. A trust is a legal entity created when one person gives another person property to manage for the benefit of the beneficiary.
The trustee is the person or entity who administers the trust in accordance with its terms. The selection of the right person or entity to serve as the trustee is critical. The trustee is responsible for investing the funds, accounting for income and the payment of expenses, and for making distributions in accordance with the terms of the trust document. The trustee owes the trust beneficiary a fiduciary duty in executing its duties.
A will is a written instrument controlling the disposition of an individual’s property at death. The laws of each state establish the formal requirements for a will.