Reliable Representation In Elder And Special Needs Law

Our seniors and persons with special needs are some of our most cherished people. Sadly, they also constitute one of the most vulnerable groups to those who would prey upon them. Minnesota law provides protections for people who cannot make decisions regarding their person or property, which include guardianships, conservatorships and protective arrangements. As elder and special needs lawyers in Minnesota, we have extensive experience initiating these protective procedures, which maximize the liberties of vulnerable persons while providing needed protection and oversight.

For people who are receiving public benefits, there are additional concerns regarding protecting and preserving limited resources. There are means of creating special funding arrangements for their personal needs called special and supplemental needs trusts. We have experience creating and managing these trusts.

Get in touch with our team of skilled lawyers in Minnesota today. Visit our contact page. You can also call 651-505-2655.

We Care About Our Seniors And Persons With Special Needs

We are stark defenders of the rights of people who are the most vulnerable. When it comes to the elderly and our loved ones with special needs, our extensive grasp of the related laws enables us to perform a wide variety of services, from protective arrangements to reviewing Individualized Education Programs. Our client-centric approach to cases also gives us the necessary understanding to handle the most sensitive cases.

• Implementation of guardianships, conservatorships and protective arrangements
• Assisting guardians and conservators with the administration of their duties
• Establishment of special and supplemental needs trusts
• Review of IEP plans and denials of IEP services
• Representing persons subject to guardianship and conservatorship
• Assisting clients in navigating medical assistance and waivered services

Sometimes, you simply need the backing of a robust elder and special needs attorney in Minnesota with the experience and resources to make sure the best interests of those who are most vulnerable will be upheld. We are that team.

Establishing A Special Or Supplemental Needs Trust (SNT) For Your Loved One

A special or supplemental needs trust (SNT) is a tool that helps you support a loved one with disabilities without risking their eligibility for essential benefits like Medicaid and Supplemental Security Income (SSI). By placing funds in a trust, you protect these resources and make sure they are used to enhance your loved one’s quality of life while they continue to receive necessary government assistance. The trust is managed by a trustee, who is responsible for using the funds according to the trust’s terms.

Establishing a special needs trust in Minnesota can be fraught with complications, particularly for those without prior experience. Following the steps outlined below can smooth the process and alleviate any anxiety you may be experiencing.

• Talk to an experienced attorney: An ideal first step is to consult with an attorney experienced in Minnesota elder and estate planning laws. They can guide you through the process, explain anything you do not understand and facilitate compliance with state and federal regulations.
• Draft the trust document: The trust document is essentially a contract outlining how and when assets are transferred to the named beneficiary. As such, they should be meticulously drafted to comply with Minnesota laws and federal guidelines for SNTs. It should detail the terms of the trust, its purpose, beneficiaries and trustee responsibilities.
• Fund the trust: A trust is useless without funding. Assets must be transferred into the trust either through direct contributions, a pour-over will or other financial instruments like beneficiary designations. Failing to fund the trust properly could leave your loved ones with nothing.
• Appoint a trustee: Name a competent and reliable trustee to oversee the trust and distribute its assets per your preferences. Their role is crucial, as they are responsible for managing the trust assets and ensuring they are used for the beneficiary’s benefit.
• Get regular trust reviews: Regularly consult with your attorney to have your special needs or supplemental needs trust reviewed. This step helps to ensure it continues to align with the beneficiary’s needs and remains compliant with current legal standards.

A special or supplemental needs trust can provide substantial benefits for families and their loved ones with a disability. Beyond preserving eligibility for crucial government benefits like Medicaid and Supplemental Security Income (SSI), it can enhance the beneficiary’s quality of life by funding services and items not covered by these programs.

Examples include:

• Medical treatments and therapies
• Access to specialized equipment
• Educational opportunities
• Disability-appropriate recreational activities

These services can greatly contribute to the individual’s well-being while offering invaluable peace of mind to the entire family. Additionally, the flexibility of these special trusts allows them to be tailored to the specific needs and circumstances of each individual, providing a customized approach to long-term care and support.

What Is The Difference Between A Special Needs Trust And A Supplemental Needs Trust?

While a special or supplemental needs trust both supplements the beneficiary’s government benefits, they are different in how the trusts themselves are funded. A special needs trust is funded with the person’s own money. For example, proceeds from a personal injury lawsuit could be placed in a special needs trust for that person. A supplemental needs trust is funded by someone else besides the beneficiary, for example, other family members.

Using An SNT To Enhance Quality Of Life

A supplemental or special needs trust can cover a wide range of expenses that go beyond basic living costs. These can include medical treatments not covered by insurance, education and training programs, and recreational activities that enrich your loved one’s life.

The trust can also pay for personal care attendants, specialized equipment and even travel expenses. By covering these additional needs, the SNT ensures that your loved one can enjoy a fuller, more independent life. It’s important to remember that the trust is designed to supplement public benefits, not replace them.

Find Solutions For Your Legal Concerns Today

Serving clients across the state of Minnesota, the elder law and special needs lawyers at Messick Law, PLLC, advocate for clients with a variety of special needs and circumstances. Considering all outcomes, we work to develop robust solutions specific to each case. Call us at 651-505-2655 or send us a message through our website to schedule an initial consultation. We look forward to telling you more about how we can help you with your legal needs.