Here is information about a special needs trust from a Florida Bar Journal Article.
A new quasi-governmental pooled special needs trust provides a safer and more transparent solution for disabled persons to set aside funds to legally and ethically but still maintain eligibility for public assistance. By using a trust protector model and directing any and all retained funds back to the Statewide Public Guardianship Office, the new State of Florida Public Guardianship Pooled Special Needs Trust advances good public policy and safer judicial and day-to-day administration.
What is a special needs trust?
A special needs trust is a trust agreement, authorized by federal law,1 which excludes certain assets and income from being counted against eligibility for certain need-based government benefits. If an otherwise impoverished disabled person comes into money, that person will lose his or her Medicaid health insurance. Because Medicaid is often the only health insurance a disabled person can obtain, the new money is often absorbed totally by health care costs. The disabled person then has no recourse other than discontinuing health care until the “new” Medicaid may be obtained upon “reimpoverishment.” It is, therefore, critical to keep Medicaid eligibility intact. Special needs trusts allow disabled people to keep the benefit of their savings but only to supplement government benefits which fall short of actual need. The disabled person is able to keep the benefit of the money and the Medicaid health insurance subject to state and federal law. Under some special needs trusts, the government then gets paid back upon the death of the disabled person.
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