Protect Your Disabled Loved One With A Special Needs Trust

As you get older, you may be aware that your adult child who is disabled or unable to work and receives SSI or Medicaid benefits, may never be able to take care of him/herself. A concerned parent should be aware that there are ways to protect that disabled child for his/her lifetime and not endanger the child's government benefits. The best way is to create a SPECIAL NEEDS TRUST.

A Special Needs Trust (SNT) can be created from the child's own money - such as an inheritance, an insurance payout, or a personal injury settlement -- or the money of a third party. This trust created from the individual's own funds is more expensive because it must be approved by the court. The easiest and least expensive SNT to make is when a parent or grandparent or other third party pays for the trust and contributes a sum of money for the benefit of the disabled person, who is known as the beneficiary.

One of my clients had a brother who, at 45, was unable to hold a job due to severe COPD. The brother received SSI and Medi-Cal but had very little money for anything beyond basic necessities. The sister wanted to contribute $100,000 for her brother's lifetime special needs. She paid for the trust and named her other brother as trustee. The trustee set up a bank account in the name of the trust and used the funds to pay for disabled brother's needs, above and beyond his room and board, which are the only things covered by government benefits.

WHAT ARE THE ADVANTAGES OF A SPECIAL NEEDS TRUST?

· An SNT ensures that a disabled person with assets over $2000 will still qualify to receive SSI, Medi-Cal and other government assistance necessary for their health and well-being.

· An SNT gives peace of mind to parents that their disabled child will be taken care of when they are no longer physically able to provide the care.

WHAT ARE THE DISADVANTAGES OF A SPECIAL NEEDS TRUST?

· A diligent trustee must be appointed who must handle all the money in the trust. The trustee's job and could last a long time - for the entire lifetime of the disabled person.

· The beneficiary may never receive cash from the trust - only items for his/her special needs, such as medical and dental expenses, medical equipment, training and education, insurance, transportation, entertainment, even vacations, automobiles, real property, modifications to accommodate the disability and other items to improve the quality of life. The trustee pays for everything and the beneficiary receives what the trust has paid for.

· Most disabled persons want to handle their own money and must be convinced that this would disqualify them from receiving government benefits.

· Special care must be taken about distributions if the beneficiary is on Section 8 housing.

I f you have a child who will need outside assistance for the rest of his or her life, see an attorney sooner rather than later to discuss the possibilities of setting up a Special Needs Trust. You'll sleep a lot better once the action has been taken.

DERRYL H. MOLINA is an Estate Planning and Elder Law Attorney, as well as a mediator, in San Jose, California, who helps clients to execute, reform and administer trusts and offers assistance with conflict-resolution, Elder Law and Medi-Cal Planning. In her office, your needs about contracts, Probate, Conservatorships and Guardianships are also handled. She can serve as your Full Life Care Planning Attorney. You can contact Derryl H. Molina at 408.244.4992 or at her email: attderryl@comcast.net.

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Estate Plan Issues (2 of 5) - Does Your Living Will Really Protect You and Your Family?

One of the most important estate planning documents is your Living Will.

This important document directs what medical treatment and medications you should receive when you become disabled and cannot express your own wishes.

I say "when you become disabled" rather than "if you become disabled" because every one of us will be disabled at some point in our lives. It may be the last ten minutes of our life or the last ten years. Also we may be disabled for a day or a week and then recover our ability to make decisions on our own. This is why a Living Will is so important.

In Minnesota, they are sometimes called a "Health Care Directive", a "Power of Attorney for Medical Care", an "Advance Care Declaration" or by several other names.

The focus of a Living Will is that the patient designates another person to make decisions for him or her when the patient is disabled.

Not all Living Wills are created equal. For example, the Federal Health Insurance Portability and Accountability Act (also known as HIPAA) can significantly affect how a hospital or clinic will interpret a person's Living Will. It is important to make sure that yours is in compliance with HIPAA.

Another important thing to do is to make sure that your Living Will is delivered to your doctor or clinic. This carefully drafted document has no effect if it is sitting in a lawyer's office or at home in your desk when it is needed at the hospital. What is more, sometimes people will sign a new make-shift Living Will that they receive at the clinic prior to a medical procedure. Many people do not realize that the make-shift version they sign at the clinic usually invalidates the carefully written one that an attorney wrote with them.

A Living Will can also direct what is to be done with the bodily remains of a person after his or her death. Does the person want cremation or traditional burial? Does the person want to donate their organs to help save other's lives? Are there other ceremonial or particular things which should be done at the funeral? These kinds of questions can all be addressed through a properly written document.

Lastly, there are different laws concerning Living Wills in other states. This means that it is important to have it written in such a way that it is valid in all 50 states. It should have the proper provisions, so that it is valid whether you need a medical treatment here at a clinic in Minnesota, or other states like California or Florida. It is also helpful to the estate planning attorney to have access to the Living Will provisions of all 50 states. This way, the client can get the best possible Living Will to meet the family's needs.

When it comes to a Living Will, "one size" does not fit every circumstance. They are not created equal. They serve a vital part in a person's estate plan, and should be crafted carefully to protect you when you become disabled. It is important that these vital decisions are made when you are fully alert and aware of your choices.

Bill Peterson is a Minnesota Estate Planning Attorney with over 40 years of experience as a lawyer. He can help you plan for the future by creating a Minnesota Estate Plan. For more information, please visit http://www.mnestateplan.com/ or call toll free at 1-888-910-5297.

The contents of this article are for information only and is not to be interpreted as legal advice. For personal legal advice you should consult with an attorney who is experienced in probate law or estate planning.

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How Healthcare Law Firms Protect Medical Professionals

Healthcare law firms can be a valuable tool for many businesses and individuals. As technology has advanced over the past decade, modern medicine has increased in complexity. While technology brings many benefits to doctors and their patients, it can also increase a physician's exposure to malpractice. Legislation and regulation surrounding the innumerable areas of practice and corresponding standards change on a frequent basis. This can prove to be overwhelming for many practitioners and administrators.

New screening methods, diagnostic tools, and survey methods expose healthcare professionals to higher levels of risk. Since many patients use multiple doctors to confirm a diagnosis, a misdiagnosis can be grounds for a malpractice suit. In today's litigious society, a malpractice suit can cost millions of dollars for a physician, raising their cost of malpractice insurance significantly, as well as damaging their professional reputation. This unfortunate scenario can occur more easily than many doctors realize.

In some patients, a rapid diagnosis and treatment may lead to negative symptoms. Many branches of medicine such as oncology require the use of dangerous treatments. One of the main courses of action for cancer patients is radiation therapy and drug-based chemotherapy. While these treatments can be effective at killing cancer cells in the body, they also put high levels of physiological stress on a patient. In some cases, chemotherapy can increase a patient's risk of death or illness. While chemotherapy is the best course of treatment for these patients, it can expose healthcare professionals to excessive risk.

Any treatment with a high degree of risk exposes doctors to potential lawsuits. In present day, conducting medicine without legal representation can be a poor financial decision and can put not only your patients' health and well being, but their privacy and personal medical data at risk. Any and all of this can be grounds for a lawsuit. In addition to high expenses, litigation wastes time that healthcare professionals should be spending those who are really important: patients.

It's important for healthcare professionals to have legal representation through a law professional. Healthcare law firms can provide legal representation, along with consultations, at an affordable price, often at a better rate than malpractice insurance. While malpractice insurance is necessary for any healthcare professional, it's possible to minimize deductibles through the right representation. In addition to saving money, a professional law care firm can save healthcare professionals the time and headache of litigation. Contact one of these firms today about safer and more proactive management for your medical practice, hospital, or care facility.

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Protect Yourself With A Social Security Search

With the dawn of the twenty-first century, we are constantly bombarded with information about the monumental increase in the rate of crime along with how identity theft has played an important role in all such crimes. With such an increase in the rate of crime, it has become imperative to conduct a social security search on every person that we are to be involved with. If you had to consider the kinds of threats that another individual can pose to you, then identity theft or fraud by stealing someone else's identity sure is unbearable.

If you think that having your identity stolen from you could not pose that big a problem, then you sure have been thinking wrong. Identity theft can at times place you in the FBI's most wanted list with a cash prize over your head! Given the fact that harm can approach you and your loved ones in every possible imaginable way, it is best that you protect yourself and your interests well. Instead of just going by what another person has to say and blindly believing the person, it would be in your best interest if you can take the time to conduct a small research about that person.

A social security search is one such research tool that can definitely protect you and your interests really well. With just the name, date of birth and the social security number of that person, you would be able to pull up all information there is to find about the person on the government records. If you are wondering how you could go about getting the information mentioned above, then all that you would have to do is look into their application for an employment or an application to lease a property that they could have submitted with you. In the case of business arrangements, you would easily find such details in the contracts that you are to sign.

The best and the easiest way for you to collect the necessary information with a social security search would be to look into the government website that belongs to the Department of Social Security Administration. If you wish to just view the kinds of records that are attached to a person's social number, then you could do the same without any questions. On the hand, viewing detailed information about a person would involve you having to give a detailed reason to the authorities.

For more information on Social Security Number, please visit Social Security Number site now.

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Protect Your Rights Against DUI Or Other Criminal Charges

There are times in everyone's life when they make a mistake, but that does not mean that they are not remorseful or not deserving of a second chance. For some people, that mistake is possibly making a poor decision while they are going about their everyday lives, and are arrested for DUI. One of many great things about this country is the opportunity and right to legal representation in any matter, as well as the right of innocence until proven guilty by a court or jury of your peers. In matters of DUI charges, getting the best legal defense available as soon as you possibly can is paramount to your protection of both yourself personally, and your legal rights.

DUI charges are serious, and can carry with them dire consequences. You face the potential of having your driver's license revoked, possible jail time, huge fines, a dramatic increase in your vehicle insurance premiums and even probation. It is vital that you contact a proven DUI defense counsel as soon as you possibly can to help relieve the massive consequences that you will be facing. In any DUI charge where the police seize your driver's license, they subsequently contact the Department of Motor Vehicles to inform them that you have been arrested. The DMV will automatically suspend your driving privileges. In order to prevent this from happening, it is paramount that you contact a DUI attorney that can help you to possibly prevent this license suspension from occurring.

There are many different challenges and tribulations associated with DUI cases, and only a knowledgeable attorney can help you to understand these challenges and how to handle them with the best possible outcome for you. Your rights will be protected and insured against undue processes, as well as defending you. There are some cases that the right attorney can get your charges mitigated in order to reduce the sanctions that are going to be set against you. This will help lessen the socioeconomic impact of DUI charges. In other situations, the right attorney may be able to help you to get your charges dismissed altogether, and stop the action of the DMV suspending your license. There are many unknowns associated with these types of cases, so that makes it much more crucial to have a solid defense in your corner that knows the ins and outs of the court and its system.

Even if you have not been charged with a DUI, but something more severe in the eyes of society, such as domestic violence, possession of illicit drugs or possession of them for sale, violent crimes and even sexual assault. You are still facing exorbitant sanctions such as jail time, huge fines and worse. If you find yourself accused of any crime by police or any other government agency, it is wise to find an experienced and proven criminal defense attorney to defend you and protect you and your rights until a decision is reached. It is your life; you have the right to protect it and your rights under the laws of this land through the help of a qualified and knowledgeable attorney.

DUI charges? Protect your rights with a skilled DUI attorney
Whether you are charged with DUI or other criminal charges, a criminal defense attorney can protect your rights

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