Indiana Lawyer William “Bill” Hurst

If you are injured in an accident and your personal injury attorney settles  your case; when you receive funds it may disqualify you from government benefit programs such as Medicaid and Supplemental Social Security Income (“SSI”).  However, your attorney can work with you to create a “special needs” trust that fits your circumstances or those of your loved one which will not only set funds aside for you (him/her) but will allow you to continue with your governmental benefits.

Once you have settled your injury case you now are faced with the reality that in order to keep your Medicaid, SSI or similar benefits you have to turn your money over to a trust – with someone else as Trustee.  This can be confusing and perhaps even insulting.

This is done with what is known as “Special Needs Trust” which must be written in accordance with certain requirements specified by federal and State laws.  This will allow you to set aside funds required for your care and supplemental needs necessary for the person who is disabled and receiving governmental support but allow access on a needs based benefit program to provide care and support services.  Despite the fact that you have these benefits if done in accordance with the law you still will be eligible for your needs based programs.  These funds will be held in a special trust available for the medical and dental expenses not covered by your program, for insurance, educational expenses, vacations and various life enhancing expenses other than food and rent.  There are several trusts in the State of Indiana which your personal injury attorney will work with to create this trust.  The goal for the Trustee is generally to maximize his discretion in order to protect the underlying assets.  Such trust will likely be immune to the claims of creditors and protect the trust from claims of Medicaid agencies and other third parties.  Generally you will have no control over the trust assets.</