We help plaintiff personal injury attorneys, their clients, and structured settlement advisers, to use self-settled ((d)(4)(A)) special needs trusts to hold settlement proceeds, thus avoiding loss of needs-based government benefits (such as Medicaid and Supplemental Security Income (SSI)) by the permanently-disabled injured client.
We prepare appropriate Special Needs Trusts and necessary court pleadings, such as motion papers, affidavits and briefs, seeking court approval of the Special Needs Trust to hold settlement or award proceeds. If necessary, we appear in court in support of request for use of special needs trust, where requested by counsel or required by the court.
We also give general guidance respecting compliance with:
- Medicaid liens
- Medicare liens
- Medicare Set-Aside accounts
- Qualified Settlement Accounts
and other factors to be considered prior to completing the funding of Special Needs Trusts and payment of attorneys’ fees.
Special needs planning is essential for those individuals with disabilities. The proper resources must be harnessed and sought to ensure the well-being of the individuals and help caregivers ensure they can get the attention and care they need through all stages of their lives. When special needs planning guidance is needed, turning to a trusted source of information and services is the key to success and creating a clear strategy for care.
Assistance With Special Need Settlement Planning
Navigating the ins and outs of special needs settlement planning can be challenging without the right knowledge and resources at hand. That’s why teaming up with an industry legal expert can be so beneficial. They can provide the insight and education you need to make the right choices to ensure your loved one gets the care and attention they need throughout their life.
Both children and adults can benefit from this type of planning. A legal expert can help you with the following.
- Create a special needs trust
- Allow access to private resources for the maximum benefit
- Plan for the financial needs of a loved one
- Assist with qualifying for Medicaid, SSI, and related government-backed resources.
Your attorney can provide you with the best access to resources to ensure your loved one can depend on receiving the appropriate care through available resources.
Creating a Special Needs Trust
This process is intended to ensure a disabled person gets the resources they need based on eligibility laws. These programs include public and private resources. Your attorney can also assist with any services and litigation. These litigation services help navigate Medicare Set-Aside Funding, Qualified Settlement Funds, and more. A legal expert has in-depth knowledge of how to approach planning and settlement litigation, which can be a challenge. They handle cases regularly, requiring attention to detail and insight into each person’s situation.
If you have a loved one or are a caregiver or guardian for a disabled person, you need to plan ahead with special needs services from an attorney. This type of planning is in the best interest of a person who will need special ongoing care and services. If you cannot care for this person or pass away, they will still get the services and financial support they need to live adequately. Don’t wait to plan for the future. Their welfare depends upon taking action to secure a stable future with planning that’s reliable and fits the individual’s current and future needs.
Call Today to Learn More
If you are considering special needs planning, you need to reach out to a legal team that’s well-versed in handling these cases. They can educate you on the process and point out potential qualifying services that can create stability and certainty about the care the disabled person receives regardless.
Falcon Law Group is committed to serving the residents in and around the New Jersey area. They can create a plan that meets the needs of the disabled person to ensure they get the support and care they need for a lifetime. Call today to speak with an expert or to schedule a consultation.