Special Care for Special Needs Dear Editor: Danna Voth’s article “Best
Intentions” (December 2004, page 118) addresses a very important topic. As a
concerned sibling of a mentally ill brother, I have become very involved in his
daily life and future care plans. Recently my family established two special
needs trusts on his behalf. Although I don’t claim to be an expert on the topic,
I have consulted with a number of attorneys to better understand these trusts,
and I believe your article may not have provided some important, basic
information. It should be noted that the trust money can never be used for food,
clothing or shelter. While I find this criteria a bit ridiculous, it is
nonetheless a fact that these necessities are supposed to be provided by the
meager government benefits. So when you make reference in your article to
restaurants, I question your accuracy. Also, readers should be made aware of
the fact that there exists an additional type of special needs trust which is
self-funded and equally as important. What happens if a well-meaning but
uninformed friend or relative gives or wills assets to the disabled child? In a
case like this, instead of the child losing his government benefits, he can
transfer these assets into this self-funded trust. It functions similarly to the
trust described in your article, but upon the disabled child’s death, the
government (Medicaid) is entitled to reimburse itself for all the benefits it
provided during the lifetime of the child. This self-funded trust must be
established by the parents during their lifetime (not in their wills). Please
share this important information with your readers. Leslee Rudnick Boston,
Mass. Worth welcomes your comments, critiques and suggestions. Please direct
your letters to letters@worth.com.
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