Advising Families with a Special Needs Child. Several of the firm’s attorneys have extensive experience in working with families with a special needs child in determining what public benefits may be available to enhance the quality of life for a special needs child. In connection with the firm’s estate planning practice, the firm helps families with a special needs child develop an appropriate estate plan which is sensitive to the child’s eligibility for public assistance benefits.
The firm counsels the family with a special needs child on the appropriate trustee selection, prepares the special needs trust when appropriate, and also serves as trustee of special needs trusts. The firm is experienced in advising families about distributions which can be made from a special needs trust without losing eligibility for public assistance benefits.
Assisting Personal Injury Attorneys with Resolution of Cases. Personal injury attorneys from throughout North Carolina have consulted with the firm’s attorneys to aid in the resolution of personal injury and medical malpractice cases that avoid the loss of Medicaid eligibility and other public assistance benefits for the client, thereby enhancing the quality of life for the client. The firm’s attorneys can work with the client to prepare the special needs trust and assist the personal injury attorney with obtaining the requisite approval of the trust by Medicaid and the court with jurisdiction over the case, when needed.
Administration of the Special Needs Trust. The firm has developed the capability to fully administer a special needs trust, from the preparation of fiduciary accountings to handling fiduciary tax returns for the trust, and, where appropriate, preparing income tax returns for the trust beneficiary. B. Bailey Liipfert, III, a partner with our firm, is a charter member of the Special Needs Alliance, LLC, a national alliance of disability trust lawyers. For more information, visit www.specialneedsalliance.com.
Article by Bailey Liipfert III, When is a Payback Special Needs Trust Not the Answer?. Click here to read more…