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    Post: special needs trusts and medicaid

    Posted by Carol on 3/10/06

    Anyone have some experience with special needs trusts?
    I've read the statute but I can't seem to find the answer
    to this question: does the disability have to be
    permenant to qualify for the medicaid disability special
    needs? Or, when the disability ends does the beneficiary
    have to pay the remaining funds back to the state the same
    as if the beneficiary had died? Example: parent and child
    are in an auto accident. Parent is killed. (other parent
    is not around, no responsibility or help) child, 21, is
    seriously injured, requiring weeks of hospitalization and
    several surgeries are foreseen in the future. No health
    insurance. Since Child has no income, qualifies for
    medicaid and so medical bills are taken care of. During
    probate it is discovered that Parent had a modest
    retirement account of which child is beneficiary. The
    retirement account gives Child the option of drawing what
    parent would when reaching 65 (15 years from now) or
    cashing out now. Child will most likely not be completely
    disabled for life but will need several more surgeries
    before it is all said and done. Child is living with Aunt
    who is caring for her until she is recovered. It seems
    that a special needs trust would be the thing to do here,
    but I've only done it in connection with medicaid and
    elderly in long term care. When Child recovers will the
    remainder of the trust have to be used as medicaid payback
    (assuming there is something left)? Of course I have
    considered the obvious answer, refer the case to someone
    who does nothing but trusts, but I still would like to
    know the answer for my own information and possibly later

    Posts on this thread, including this one
  • special needs trusts and medicaid, 3/10/06, by Carol.

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