Baton Rouge Special Needs Trust Planning Attorney

Protecting Families in Lousiana for Over a Decade

If you or a family member has special needs, you are probably well acquainted with the Federal Medicaid system that provides public assistance to physically or mentally disabled individuals. If your loved one receives Supplemental Security Income (SSI)/Medicaid, it is important that you plan carefully for their financial future. For most parents and/or caregivers, this is a worry that keeps us up at night. Fortunately, there are ways we can protect and provide financial security for them.

A problem that commonly arises during estate planning is that when someone with special needs inherits a large amount of money, they are often made ineligible for further benefits. My name is Wendra Moran, and I am experienced special needs trust lawyer in Baton Rouge. I can help you navigate all these and many other legal complexities to ensure that your loved one with special needs is cared for. You deserve peace of mind.

Please contact Law Office of Wendra J. Moran to set up a free consultation to discuss caring for your loved one’s future. We can be reached at (225) 228-4445 or you can fill out the form here to get started immediately.

What Is A Special Needs Trust?

A “special needs trust” or a “supplemental needs trust” is an estate planning tool that creates a way to legally keep services like Medicaid intact, while also giving our child quality of life. Special needs trusts can be created either within a last will and testament or as a stand-alone trust.

How a Special Needs Trust Works

Essentially, a special needs trust acts as a workaround so your child does not lose his/her eligibility for SSI or Medicaid. Rather than leaving property to your loved one, you instead leave it to the special needs trust; you can even appoint a trustee who will be given complete control over the trust property, including spending money on behalf of your loved one. Doing so effectively relinquishes control from your loved one, which means SSI and Medicaid administrators will dismiss the trust property as it pertains to eligibility for their respective programs. Thus, your loved one can maintain their SSI or Medicaid status.

Do I Need a Lawyer to Create a Special Needs Trust?

Although anyone can set up a special needs trust on their own, it is not recommended that you do so without first consulting an attorney. Many situations that warrant a special needs trust come with additional complications or extenuating circumstances, and you’ll want the advice of a lawyer before making any final decisions when this is the case.

Why Call My Special Needs Planning Law Firm in Baton Rouge?

• Over a Decade of Proven Legal Service
• Dedicated Counsel for Estate Planning & Probate
• Flat Fees – There Are Never Any Surprises
• Personal Attention & Insightful Legal Guidance

Contact Law Office of Wendra J. Moran online or dial (225) 228-4445 to speak with an experienced Baton Rouge special needs trust attorney.

What Happens To Medicaid After Inheritance?

Medicaid is intended for recipients with low income, and to qualify, the individual must be below a certain economic threshold. Your special needs family member may lose the opportunity to receive financial support for basic living expenses if you leave them a legacy in your will, but a special needs trust may make it possible to avoid this outcome.

A common solution for this problem in the past was simply to disinherit the special needs child, thereby preserving their eligibility for benefits. But by creating a special needs trust, you can pass your wealth to your loved one without barring them from being eligible for benefits.

How to Keep Medicaid With a Special Needs Trust

The trust has to be designed in a way that supports the money paid in government aid, instead of replacing it. Rather than providing funds for food and shelter, the trust should make it possible for the beneficiary to enjoy a higher standard of living, covering expenses for things such as recreation, entertainment and other discretionary items.

Additional Benefits of a Special Needs Trust

There many advantages to this type of trust, including the fact that while an inheritance goes on the public record, trust payments remain private. Your child is less likely to become the victim of predators who target vulnerable heirs.

Speak With a Skilled Baton Rouge Special Needs Trust Lawyer

In your pursuit of safeguarding your family's future, consider reaching out to Law Office of Wendra J. Moran, where I, Wendra Moran, a dedicated and experienced special needs trust attorney in Baton Rouge, stand ready to assist you. With over a decade of proven legal service and a commitment to personalized attention, my law firm is here to navigate the complexities of special needs trust planning, ensuring the well-being of your loved one. By creating a tailored special needs trust, we can help you secure Medicaid benefits for your special needs family members, allowing them to enjoy a higher quality of life without jeopardizing their eligibility. Your family's future deserves thoughtful and compassionate planning, and we are here to guide you every step of the way.