Special Needs Trust For The Elderly
Contrary to popular belief, in many states, an elderly person entering a skilled nursing facility does not need to “spend-down” all assets in order to qualify for Medicaid benefits. Instead, the “spend-down” monies can be placed into a pooled special needs trust, such as Alabama Family Trust, and the elderly person can begin receiving Medicaid benefits if otherwise eligible. This can be a tremendous asset to the spouse that remains at home or to children that are trying to provide for the additional things needed by a parent in a nursing home because the trust funds can be used to purchase things such as diapers, pajamas and clothing, a private room, caregivers if needed in the nursing home, and many other things that the elderly person may need while Medicaid begins paying for the monthly room and board at the facility.
Note: disabled individuals over the age of 65, must use a pooled special needs trust such as Alabama Family Trust (check your state law). Both first-party trusts and third-party trusts may be created for the elderly person. Pooled trusts are addressed in 42. U.S.C. § 1396p(d)(4)(c).
AFT does not provide legal advice. You should consult with an attorney that is knowledgeable about special needs trusts. The following is provided only for general information purposes.
First-Party Special Needs Trusts
If an elderly person entering a skilled nursing facility has savings/assets over $2,000, receives a legal settlement or judgment from a lawsuit, receives an inheritance or monetary gifts, the assets can prevent the person from qualifying financially for Medicaid benefits. However, if the assets are placed with AFT and the person is otherwise eligible for Medicaid benefits, Medicaid will begin paying for the monthly room and board at the nursing facility and the trust funds can be used to provide things that the elderly person needs.
Since the trust assets are the assets of the elderly disabled person, this type of trust requires the Medicaid pay-back provision at the elderly person’s death.
Third-Party Special Needs Trusts
If a family member or friend wishes to give an elderly person money or leave the elderly person an inheritance, a third-party special needs trust should be created. The person creating the trust can leave directions in his or her Last Will and Testament of Living Trust to create a special needs trust; or, the person can create a stand-alone trust. The trust proceeds can be used over the elderly person’s lifetime to supplement his or her needs to improve the elderly person’s life. At the elderly person’s death, any remaining funds in the trust can be distributed to family members or charities as the creator of the trust designated.
Learn More About Special Needs Trusts
Watch this interview with AFT Executive Director Melanie Bradford Holliman to find out more about how The Alabama Family Trust serves those with special needs. Contact Alabama Family Trust today to learn more about special needs trusts for your loved ones. Simply fill out the contact form below.