Special Needs Trust Attorneys in Wichita

If you have a minor or adult child or another loved one with a mental or physical disability, what happens when you become unable to be a caretaker? A Wichita special needs trust attorney at Larson, Brown & Ebert, P.A. can help you set up a special needs trust to care for your loved one.

A special needs trust ensures your child or other loved one will receive proper care after your death or if you become incapacitated. Without a special needs trust, your family member could lose eligibility for government benefits, lose their inheritance, or be victimized and exploited.

If you give or leave cash to someone with special needs, it could disqualify them from public benefits. But a special needs trust created with the assistance of a Wichita special needs trust lawyer at Larson, Brown & Ebert, P.A., can ensure a loved one’s eligibility for public benefits.

What Should Families Know About Government Assistance Programs?

Across Kansas, many people with special needs qualify for government programs. Your loved one may qualify for government benefits, including the SNAP Program (Supplemental Nutrition Assistance Program), Supplemental Security Income (SSI), and/or KanCare (Medicaid).

SNAP offers resources for retail grocery purchases. Supplemental Security Income payments are made monthly to eligible disabled persons with little or no income or assets. For those who qualify, Kancare/Medicaid offers basic health insurance and pays for basic healthcare expenses.

Setting up a special needs trust before your disabled family member needs extensive treatment and care can save your family a considerable amount, but disabled individuals are eligible for government benefits only when their financial resources and incomes are severely limited.

Is a Special Needs Trust the Solution Your Family Needs?

A trust is a legal document, prepared by an attorney, that explains to a designated trustee how to manage assets on behalf of a third party. If you set up a special needs trust, designate a trustee you know to be knowledgeable, trustworthy, and detail-oriented.

Under federal law, funds for a special needs family member may be placed in a special needs trust without risking that person’s eligibility for government benefits, provided that the trust meets several legal requirements.

If a disabled or special needs loved one relies on you, let a Wichita special needs trust attorney at Larson, Brown & Ebert, P.A. prepare a special needs trust, compliant with federal and state law, to care for your loved one after you pass away or if you become incapacitated.

How Do Special Needs Trusts Work?

A family member with special needs has no control over the funds you move into a special needs trust. Those funds are owned by the trust and managed exclusively by your designated trustee. While you are alive, you may act as the trustee and oversee the trust yourself.

But you will also have to name a successor trustee who will manage the trust and pay your family member’s expenses after your death or during your period of incapacity.

If your special needs loved one needs lifelong care, Larson, Brown & Ebert, P.A. can set up a trust to take effect upon your death that reduces your family’s out-of-pocket costs while maintaining your family member’s eligibility for public benefits.

What Else Should Your Family Know?

The language of a special needs trust must be thoughtful and precise. It is vital to communicate clearly that the trust is for your family member’s “supplemental and extra care” beyond what government benefits provide.

The trustee you designate will oversee the trust’s spending and pay for your loved one’s housing, utilities, medical care, and other necessary expenses. A special needs trust does not place cash directly into the hands of your special needs family member.

A special needs trust is “irrevocable,” meaning it cannot be canceled or rescinded, and its terms and conditions cannot be modified except with court approval. The assets in a special needs trust are not subject to liens, cannot be seized by creditors, and are not at risk from lawsuits.

What Are “Pooled” Trusts?

Instead of naming an individual as the trustee of your loved one’s special needs trust, you can designate a non-profit fund management group that pools funds from several trusts to make investing more profitable. These non-profit groups maintain separate trust accounts and assign an account manager to work with each beneficiary. They ensure that:

1. Trust funds are invested competently.
2. Beneficiaries remain eligible for public benefits.
3. Beneficiaries receive the care they need.

A Wichita special needs trust lawyer at Larson, Brown & Ebert, P.A. can help you determine the best trustee for your family member’s special needs trust.

How Does Larson, Brown & Ebert, P.A. Help Families in Kansas?

For many Kansas families, a special needs trust is only one part of a comprehensive estate plan. A comprehensive estate plan may include wills, other trusts, and powers of attorney that let you designate someone to make your medical and financial decisions when you can’t make those choices yourself.

Larson, Brown & Ebert, P.A. can ensure that your special needs trust document is easy to read, that nothing is overlooked, and that you’ve carefully considered your options. We also provide estate planning, elder care planning, probate, and asset protection services.

We are proud to serve clients in the Wichita community. Contact us at 316-530-8621 to learn more or schedule your initial consultation with the planning professionals at Larson, Brown & Ebert, P.A. We can help your family prepare for the future.