Many parents who have children with special needs want to leave money and other assets or property to their children. However, if this is not done properly, gifts given with the very best of intentions can actually cause a child to lose eligibility for government benefits such as Medicaid or Supplemental Security Income (SSI) until all of the assets have been spent. As a result, the child is left no better off than before the gift. At Rothamel Bratton, we are also skilled at establishing special needs trusts for those who have been injured or incapacitated by injuries. The Tort Recovery Protector™ is our own unique process, proven over the years to be successful and beneficial for our clients with special needs.

At the law firm of Rothamel Bratton in Haddon Heights, Haddonfield, Philadelphia, Lawrenceville and Linwood, our lawyers can provide you the guidance on how to create special needs trusts under the d4A provisions of Omnibus Budget Reconciliation Act (OBRA) legislation of 1993. These Special Needs Trusts can be designated to protect assets in several different circumstances:

• When a parent wishes to give money or assets to a disabled child, our lawyers can place those assets in a special needs trust for your child’s benefit without jeopardizing Medicaid, Supplemental Security Income (SSI), or Social Security Disability (SSD) benefits.
• When a senior citizen wishes to give up control of assets to become eligible for Medicaid, our lawyers can create a special needs trust that may provide a supplemental source of money for the senior citizen without making them ineligible for Medicaid.
• When someone has been in a serious accident or there has been a personal injury recovery, our lawyers can set up a special trust that will allow the individual to collect the recovery and yet stay qualified for governmental benefits such as SSI, SSD, and Medicaid.

Anyone who manages a special needs trust for a person with disabilities is faced with a maze of complicated rules. It is very important to consult an experienced attorney when planning or distributing assets from a special needs trust so that those rules are not inadvertently violated. Our lawyers often advise trustees on distributing assets to trust beneficiaries without jeopardizing governmental benefits.

For more information or to schedule a consultation about special needs planning for a disabled child, a senior citizen, or personal injury recovery, contact an attorney at Rothamel Bratton in Haddon Heights, Haddonfield, Philadelphia, Lawrenceville and Linwood.

Learn more about special needs planning

For more information, please request our estate planning Newsletters and brochure.

You may also request our Letter of Intent Form.