Report

Medicaid and Elder Law in Maryland: Special Needs Trusts

 
Special needs trusts and supplemental needs trusts are established for the sole benefit of a person with disabilities. If properly structured, these types of trusts can shelter the assets of the disabled person, or property intended to be for the disabled person that is contributed by a third party, so that the trust beneficiary is not disqualified from receiving means tested public benefits, such as Medical Assistance (Medicaid) or Supplemental Security Income (SSI). This enables the person with disabilities to enjoy the use of the property intended for his or her benefit without sacrificing his or her medical assistance eligibility.

The difference between a special needs trust and a supplemental needs is that a special needs trust is funded solely with funds of the disabled person. An example of a special needs trust is a trust set up to receive and administer a personal injury settlement awarded to a disabled person.

Faculty

Helen M. Whelan, Esq.

Helen M. Whelan, Esq.

Miller, Miller & Canby

Agenda

SPECIAL/SUPPLEMENTAL NEEDS TRUSTS
SPECIAL NEEDS TRUST AND PUBLIC BENEFITS
ADMINISTERING/FUNDING SPECIAL NEEDS TRUSTS.

Faculty

Helen M. Whelan, Esq.

Helen M. Whelan, Esq.

Miller, Miller & Canby

  • Partner at Miller, Miller & Canby
  • Practices in the areas of elder law, estate planning and estate administration
  • Member of the National Academy of Elder Law Attorneys and AAA-CPA (American Association of Attorney-Certified Public Accountants)
  • LL.M. degree, Georgetown University Law Center, with certificate in estate planning; J.D. degree, Catholic University, The Columbus School of Law, and Certified Public Accountant
  • Can be contacted at 301-762-5212 or [email protected]

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