West Michigan Legal Planning for Disabled Persons or Disability
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Grand Rapids and Kalamazoo disability attorneys with significant knowledge of disability planning options
Willis Law, Attorneys & Counselors, have extensive experience assisting individuals and families with planning for the immediate and future needs of disabled persons.
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
The disability lawyers of Willis Law, Attorneys & Counselors, help you determine if a guardianship is appropriate for your disabled family member.
Supplemental Security Income
Disabled persons often make use of Medicaid. People who qualify for Medicaid sometimes qualify for Supplemental Security Income (SSI). A qualifying person may be the following:
- Age 65 or older
- Blind
- Disabled
For the purposes of SSI qualification, a disability is an impairment which satisfies either of the following conditions:
- Can be expected to result in death
- Has lasted or can be expected to last for at least 12 consecutive months
A disabled adult is defined by the following conditions:
- Is unable to do any substantial gainful activity
- Has limited income
- Has limited resources
Willis Law, Attorneys & Counselors, work with you 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.
OBRA and supplemental needs trust funds
There are two types of trust funds that may be used 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.
