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.
Understanding the Importance of Special Needs Trusts
Special needs trusts are an essential tool for families with a loved one who has a disability or special needs. These trusts are designed to ensure that the individual's needs are met while still allowing them to qualify for government benefits such as Medicaid and Supplemental Security Income (SSI). By setting up a special needs trust, you can provide for your loved one's long-term care and financial security without jeopardizing their eligibility for crucial government assistance.
Benefits of a special needs trust include:
- Protection of government benefits
- Financial security for your loved one
- Peace of mind for you and your family
- Ability to provide for your loved one's needs without impacting their benefits
Our skilled Baton Rouge special needs trust lawyer can guide you through the process of setting up a trust that meets your family's unique needs and provides the peace of mind you deserve.
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
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.
Personal & Hands-On Attention to Each Case
I give personal attention & insightful legal advice to everyone I help.
I provide strong guidance throughout estate planning & probate matters.
I offer my clients flat-fees so you will never be surprised.
Experience & Dedication
I have over 10 years of legal experience helping people just like you.