Special Needs Trusts
Individuals of any age can have special needs, whether acquired at birth or childhood, or developed in adulthood. For over 30 years, Moschella & Winston, LLP has specialized in disability and special (supplemental) needs law, and our attorneys are leading authorities on Medicaid, SSI, and other needs based public benefits, as well as how to use special or supplemental needs trusts to protect eligibility for these benefits. Partner Neal Winston is president of The Special Needs Alliance, a national invitational organization of expert attorneys who specialize in public benefits and disability law.
Our expertise includes:
- Determining eligibility for state and federal public benefits
- Protecting benefits
- Developing a plan when a settlement or inheritance is received
- Establishing special (supplemental) needs trusts
- Long-term care planning for families with members having special needs
We also work with and support the professionals who provide services to the injured and disabled, such as assisting personal injury attorneys in resolving their cases to enhance the settlements and judgments of their clients and to maintain the eligibility of clients for SSI, Medicaid, and other public benefits.
Overlapping, inconsistent, and changing program requirements, taxation issues, family concerns over the individual’s vulnerability to waste or loss of a settlement, and a variety of other issues should all be considered when creating a special (supplemental) needs trust. We can guide you through selecting the options that best fit your or the disabled individual’s short and long range needs.
Once the trust is created, we can continue to provide the support that is needed for proper maintenance and management by serving as a professional Trustee, co-Trustee with family members, Trust Protector, or administering the trust on behalf of family or other Trustees. We offer continuing benefit eligibility support, tax returns, accountings and periodic redetermination reports to agencies and courts.
Our attorneys have substantial experience in working with the agencies that must approve these trusts for benefit eligibility. As a testament to our experience, we are often asked to review and work through trust related problems created by others, and in the event the trust is challenged, we will present amendments or defend the Trust with public agencies or in court. No other firm offers this full range of services with decades of experience, commitment, resources, and advocacy.
You can count on us to ease your burden, provide peace-of-mind, and guide you every step of the way.
Contact us to schedule an initial consultation.