Archive for October, 2009

Cost of care

Wednesday, October 7th, 2009

Because the cost of care for developmentally disabled people is very high, the assets in trusts set up to provide for their care don’t count against the beneficiary in qualifying for government assistance. The way they work is that the trustee is directed to pay for the beneficiary’s special needs, which is to say, the requisites for maintaining the beneficiary’s good health, safety, and welfare when, under the discretion of the trustee, such requisites are not being provided by any public agency, office, or department of the state or of the United States. “Special needs” include, but need not be limited to, dental care, spe1 cial equipment, programs of training, education and habitation, travel needs, and recreation.
If you are trying to protect someone who is not developmentally disabled but receives SSI, the same type of planning is advised but may not be protected to the same extent and may require more careful work on the part of the trustee. But when you love a special person, you already know there are more ,considerations needed at all times, and you probably don’t mind the technicalities, if you know they offer the greatest hope of protection for your special one.