Estate Planning For The Disabled
Akron Medicaid Lawyer
If you are planning your estate or thinking about revisiting an estate plan, you CAN provide an inheritance for a loved one who is disabled.
Under current law, you would jeopardize his or her SSI and/or Medicaid benefits if you simply left a bequest in your will or named him or her as a beneficiary. The gift may render him or her ineligible for Social Security and/or Medicaid benefits, depending on the size of the gift.
At the Akron-area Law Office of Margaret H. Kreiner, our lawyer can help you create a special needs trust. This will provide for your loved one after you or the caregiver passes away, and will keep his or her disabled benefits intact.
Providing for a Disabled Person in Your Estate
If your disabled family member is receiving SSI or Medicaid benefits, you may be able to provide for them with a special needs trust, including:
- Medicaid payback trust: administered by a trustee for funds the disabled person received, possibly through an inheritance or personal injury settlement
- Medicaid pooled trust: overseen by a nonprofit to disburse monies over the recipient's lifetime
- Discretionary trust: administered by a trustee who has the authority to decide how much is received by the disabled person and when
- Supplemental needs trust: administered through a trustee or the state Mental Retardation and Developmental Disabilities agency (MRDD)
To determine which type of trust best suits your financial needs and estate planning goals, contact an attorney at the Law Office of Margaret H. Kreiner. We can help you plan your estate, including a guardianship arrangement, if that is in his or her best interest.
Estate Planning for a Disabled Person
Some disabled individuals are able to live and work independently. Our attorney can provide them complete estate planning support, including:
- Wills: allow the will writer to provide for loved ones by distributing assets according to the will writer's wishes
- Living wills and health care powers of attorney for health care: allows the individual to make health care decisions about medical treatment during and at the end of life
- Powers of attorney: designating someone to act on your behalf should you become incapacitated
For a confidential consultation with an estate law attorney, contact our Akron-area law office.