Michigan Special Needs Trust Attorney
Protecting your loved ones is one of the most critical aspects of sound estate planning. When you have a disabled loved one, it is even more important to take necessary steps to provide monetary support as well as to create appropriate guardianships to protect their best interests. At Michigan Estate Lawyers, we have extensive experience assisting individuals and families with planning for the immediate and future needs of disabled persons.
Our law firm is dedicated to a Christian model of service with a mission to protect clients as they make the best decisions for their family and future. Let us guide you with dignity and discretion.
Call 866-473-5636 or contact us by e-mail for a consultation with a Grand Rapids disability planning attorney.
"Very professional and well-explained. We appreciated Michael's insight and his recommendations." — Chip & Jane, May 2008
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Guardianship of a Disabled Person
Michigan law provides for guardianship of a developmentally disabled person. Such guardianship is meant to be used only if necessary to promote the well-being of the disabled person, including protection from the following:
- Neglect
- Exploitation
- Abuse
Supplemental Security Income
Disabled persons often make use of Medicaid; however, it is also important to be aware of specific Medicaid planning techniques that can protect your investments and the security of a loved one now and into the future. Supplemental Security Income may also be available for individuals who are 65 and older, blind or disabled. For the purposes of SSI qualification, a disability is an impairment that can be expected to result in death or has lasted or should last for 12 consecutive months.
We work with clients to establish a case for your limited income and limited resources. This can be a challenging burden of proof and requires experienced legal counsel. Giving away property to create the appearance of limited resources is a poor and improper strategy which leads to delays in receiving benefits. The firm's lawyers show you how to legally and ethically achieve eligibility for SSI.
Trust Funds to Aid in Qualification for SSI and Medicaid
OBRA Payback Trusts
The Omnibus Reconciliation Act (OBRA) allows the creation of trust funds, for disabled persons under the age of 65, which are not counted against eligibility for SSI or Medicaid. The disabled person's own funds are placed into the trust and considered unavailable. However, the benefits that the disabled person receives in life must be paid back to the state upon the person's death.
Supplemental Needs Trust Funds
Supplemental Trust Funds are used to provide additional care to a disabled person, beyond the benefits the person is receiving from SSI or Medicaid. As with OBRA payback trusts, these funds are not used against the limits for benefit qualification. A third party provides the funding for a Supplemental Trust Fund, and there is no payback requirement upon the disabled person's death.
For a free consultation, please call our Grand Rapids, Michigan, lawyers toll free at 866-473-5636 or contact us by e-mail to submit a question about your case.
Grand Rapids Office
Kalamazoo Office
Paw Paw Office
