Special Needs Trust

It is important to use an attorney who has experience creating special needs trusts. The language has to be written to avoid pitfalls with various laws that govern public benefits. If the beneficiary of the trust earns or receives benefits directly he or she may have to use trust funds to repay government benefitsif the trust is not correctly written. There are specific words and phrases that have to be included in the trust to avoid Medicaid, Medicare, or other sources from requesting repayment of the benefits they provided if they believe you have funds or other sources that are not properly protected by the language of the trust. There is a Medicaid pay-back provision in almost all trusts. However, Medicaid pay-back may not require all of the funds in the trust depending on the Medicaid received and the total trust funds that have accumulated. Different people require different amounts of Medicaid funds.