| For the most part, the law is relatively standardized | | | | trusts needs to be consulted. The purpose of a |
| across state lines. However most attorneys are only | | | | supplemental needs trust is to not jeopardize any |
| licensed to practice law in one specific state. What this | | | | government benefits for which a special needs |
| means, for example, is even though an attorney may | | | | individual is eligible, such as medical assistance and |
| practice in Bloomington, MN or Minneapolis, MN, that | | | | supplemental security income, while still providing other |
| same attorney may be unable to provide legal | | | | additional benefits to the special needs individual. This |
| services or advice to a person in Wisconsin, a mere 15 | | | | type of trust may be given a different name |
| miles away. The exception to the rule is any licensed | | | | depending upon each state. |
| attorney is able to represent in the federal court | | | | A special needs trust is a little different. Special needs |
| system. This can be crucially important to those | | | | trusts are designed with inheritance or proceeds from |
| individuals that are at much higher risk to lose their | | | | a personal injury case in mind. When the parents, |
| individual rights, such as special needs individuals, | | | | relative, or primary caregiver passes away, the trust |
| developmentally disabled individuals, or those who have | | | | will help protect the beneficiary's individual medical |
| suffered a personal injury.. | | | | assistance benefits and supplemental security income |
| Developmentally disabled and special needs adults | | | | benefits and still allow an inheritance or settlement to |
| often are ignored or are not given the same basic | | | | be received. |
| treatment that non-developmentally disabled people | | | | Many of these same attorneys will help plan the |
| are given. For young children it can be worse. In fact, | | | | estate of parents and individuals as well. All of these |
| the general public frequently has viewed disabled and | | | | wills, trusts, and estate planning are designed to ensure |
| special needs individuals as bizarre and less than | | | | the disposition of any money and property are |
| human. Parents can be a beneficial buffer between | | | | received by the listed beneficiary instead of being |
| the outside world and their children. Eventually though, | | | | liquidated and sent to the state. The most important |
| that buffer will one day be gone. | | | | function of a will and estate planning though, is the |
| In order to ensure that your special needs relative is | | | | selection of a proper guardian for younger children |
| properly taken care of, an attorney specializing in | | | | should the unthinkable occur and the parents die |
| drafting supplemental needs trusts and special needs | | | | prematurely. |