Special Needs Planning in the New York Area

Disability Planning: Special Needs Trusts

As the average life span of our population continues to increase and the elderly and persons with disabilities live longer than ever before, attorneys are challenged to properly protect them. The United States government provides financial assistance through Medicaid, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) to some extent, but it is rarely sufficient to meet all of the needs of the disabled. A special needs trust is a crucial legal tool which holds assets to care for and protect the elderly and persons with disabilities while allowing them to continue to receive their government benefits.

Special needs trusts may be created by an individual under the age of 65 with their own assets (such as the proceeds from a judgment or settlement) or by a loved one with assets who has concerns for a beneficiary in need. Amoruso & Amoruso, LLP is ably prepared to handle all pre- and post-settlement needs of persons with disabilities, as well as proper planning for their future.

Special needs trusts have many benefits, including:

  • preserving eligibility for government benefits;
  • providing funds to pay for "extras," (e.g., homes, automobiles and prescription drugs);
  • protecting a case settlement from being immediately depleted due to the high cost of health care;
  • keeping assets within the family; and giving family members much needed peace of mind by providing funds to care for their loved ones who may not be able to care for themselves.