Sunday, June 7, 2015
Katherine McCoy (J.D. Candidate, Case Western Reserve Law) recently published an article entitled, The growing need for third-party special needs trust reform,65 Case W. Res. L. Rev. 461-485 (2014). Provided below is an excerpt from the article:
Parents of disabled children face insurmountable hurdles when attempting what should be simple tasks. They may feel powerless to make their children eat, go to sleep, or even stop hurting themselves. In certain situations, the children require constant care and frequent, expensive medical attention. Some parents are overwhelmed by the continuous work and stress, and some in society accept their decisions to give their children up. Others sincerely want to keep caring for their children but require government assistance to do so. In the United States, the very systems designed to help these parents, Social Security and Medicaid, instead present a whole set of new legal problems. This is especially true for parents who want to leave money for the care of their special needs child after they are gone. One of the difficulties they face is creating a trust for a disabled child without the trust's assets being considered “available” to the beneficiary and depriving him or her of Medicaid and Social Security benefits.