[WSBARP] Special Needs Trusts

[Ronald St. Hilaire]

If the clients (man and wife in your scenario) will be beneficiaries of the trust, then it is an available resource for Medicaid spend down purposes.  See WAC 182-516-0100.


________________________________
Ronald F. St. Hilaire · Attorney at Law
Liebler, Connor, Berry & St. Hilaire
1141 N. Edison, Suite C · Kennewick, WA  99336
(509) 735-3581 office · (509) 735-3585 fax
rfs at licbs.com<mailto:rfs at licbs.com> · www.bentonfranklinlaw.com<http://www.bentonfranklinlaw.com>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Tuesday, March 08, 2016 7:25 AM
To: WSBA Real Property Listserv
Subject: [WSBARP] Special Needs Trusts

Hello Trust Attorneys:
I have done many Special Needs Trusts for clients with "special needs", usually diabilities of some sort.  the purpose of the Trust is to give some assistance to the beneficiary but to not violate or avoid any of their public assistance benefits.  That's pretty simple.
Now I have a client, man and wife, asking me to do a similar Trust to protect their assets from the medicaid spend-down provisions.  I have thought about it for a while and can't see why the same basic format wouldn't work for that purpose.
Of course the hard part if for them to actually "irrevocably" transfer the assets into the Trust and to "trust" the Trustee.
It would seem to me that the Trustee would have discretion to spend Trust assets/money for the benefit of the beneficiaries without much restriction until one of them is receiving medical treatment or other care that could be paid by Medicaid.  The Trustee would have to be careful not to have assets in the hands of the clients that are valued at more than the Medicaid allowance.
It would also seem that the Trustee would not be an institutional trustee but rather someone close to the clients whom they trust.  Same with Successor Trustee.
AmI on the right tract here?
Thank you.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>
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