If you are a parent raising a child with special needs, you may worry about what will happen to them if you can no longer provide their care, financial support, advocacy, and oversight. Belle Vie Legacy Law helps guide you through their transition to adulthood, living elsewhere, being supported by other advocates or caregivers, or planning for your child’s life without you.
We address many things in special needs planning, including:
- Setting up legal authority through powers of attorney
- Advising you as your child transitions to adult living – Choosing a place, an advocate for your child, resources for learning independent living skills, and exploring employment opportunities
- Trusts and other lifetime financial resources
What is a Special Needs Trust?
One of many important aspects of planning for your child is a Special Needs Trust. Contrary to popular belief, a special needs trust is not limited to spending money on disability-related products and services for the beneficiary.
A simple Special Needs Trust gives the trustee complete discretion, but they do not need to support the beneficiary or be responsible for their eligibility for Social Security or TennCare benefits.
If you see mandatory distribution terms in your trust for a special needs child or language about “health, education, maintenance, and support,” your trust could be considered a countable asset and disqualify the beneficiary from public benefits such as Supplemental Security Income (SSI) and some forms of TennCare.
The Two Types of Special Needs Trusts
Third-Party Special Needs Trust – A trust developed and funded by someone other than the person with special needs. Most commonly, it is created by the parents and funded by the child’s inheritance when they die.
Self-Settled Special Needs Trust (“d4A Trusts”) – Self-settled means the trust is funded with the disabled beneficiary’s own assets. Those assets could come from accumulated SSI benefits or wages, an unexpected inheritance, or a personal injury lawsuit. To be non-countable for TennCare and SSI, the trust must be created by:
- The beneficiary
- The beneficiary’s parent or grandparent
- A guardian or a court
The trust must also have a provision that pays back Medicaid (TennCare) on the death of the beneficiary.
Rebecca started Belle Vie Legacy Law, PLLC in White House, Tennessee, and has been committed to helping business owners and families navigate the legal processes of estate planning, business planning, elder law, probate and trust administration, and special needs planning.
every stage of life's journey.
I walk you through each step of your case, taking care of any questions you may have along the way. With Belle Vie Legacy Law, you will feel comfortable, safe, and confident. Get in touch with us today — we look forward to hearing from you.
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Rebecca did an excellent job
Rebecca is the best ever!. If you need a good family law attorney she is the one. She tok very good care of us in a timely manner and is very proffesional. We would use her again for sure.
My family used Rebecca to update my dads will & power of attorneys. She is very knowledgeable, kind & accommodating. The entire family strongly recommend using Rebecca for all your estate attorney needs.
Does a great job with wills and Estate planning.
Belle Vie legacy law is a wonderful and professional business that puts their clients first and follows through on their promises! Great firm!
Belle Vie Legacy Law, PLLC (White House, TN) did an outstanding job for my wife and I on our estate plan. We worked directly with Rebecca Bell-Houchin, ESQ. She was very professional, courteous, and explained everything in simple terms. She answered all of our questions and provided comprehensive legal documentation that exceeded our expectations. I highly recommend Belle Vie Legacy Law.
Rebecca is very knowledgeable and was very helpful to our family. Her prices were also affordable. We will continue to use her for our estate needs.
408 Hwy 76, Suite F
White House, TN 37188