Individuals living with disabilities are often entitled to government benefits such as Supplemental Security Income (SSI) and Medicaid. These are "means based" programs meaning that the individual receiving such benefits must have limited assets in order to be eligible to receive these benefits, generally $2,000 or less. Because of this, it used to be the custom for parents to effectively disinherit their disabled children for fear that if they left funds to their children upon their death, they would lose their extremely valuable government entitlements. However, this is no longer the case. In 1993, in an effort to afford equal protection under the law to individuals with disabilities, the Federal Congress passed a law that is known as OBRA '93. That law created an exception to the above scenario. It is now permissible for an individual receiving government entitlements due to disability that are "means based" to hold money in what is known as a Special Needs or Supplemental Benefits Trust. The money being held in trust may be used to enhance the individual's quality of life. For example, the money can be used to purchase computer equipment, an accessible van, to retain a private care manager, for vacations and the like. People can fund these trusts through their wills or through lifetime gifts. These trusts are also often a repository for personal injury/medical malpractice settlements. A Special Needs Trust is an essential part of planning for parents who have children with disabilities. Our members are experienced in working with families and attorneys in ensuring the preservation of government entitlements through the use of these trusts.

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