Special Needs

What is the difference between a sole benefit trust and a supplemental needs trust?

By Burner Law Group, P.C. / February 11, 2022 / 0 Comments

All supplemental needs trusts (“SNT”) are  created for the sole benefit of a disabled individual.  This type of trust is designed to provide support for a beneficiary without jeopardizing their receipt government benefits, namely Medicaid and SSI. In general, an individual receiving Medicaid or SSI can only have limited assets in their name. A supplemental […]

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How do you start an Article 81 discovery and turnover proceeding?

By Burner Law Group, P.C. / December 6, 2021 / 0 Comments

The purpose of an Article 81 discovery and turnover proceeding is to recover assets taken from an incapacitated person. The threshold question in an Article 81 Guardianship is whether there is a need for a guardian. After the court makes that determination, the alleged incapacitated person must either consent to the appointment or be deemed […]

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How do you expand powers in an Article 81 Guardianship?

By Burner Law Group, P.C. / October 20, 2021 / 0 Comments

Article 81 of New York’s Mental Hygiene Law allows a court to appoint a guardian to manage the personal and/or financial affairs of an individual deemed incapacitated. The court must find that the alleged incapacitated person (“AIP”) cannot appreciate the nature and consequences of their inability to handle such matters and that the AIP is […]

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ABLE Account in New York

By Burner Law Group, P.C. / October 13, 2021 / 0 Comments

ABLE accounts are tax-advantaged savings and investment accounts for disabled individuals. We often get questions about the difference between an ABLE Account and a Supplemental Needs Trust and whether one is better than the other for a disabled child. There are several planning techniques that you can take advantage of to protect assets on behalf […]

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Considerations for a 529 Plan with a “Disabled” Beneficiary

By Burner Law Group, P.C. / October 4, 2021 / 0 Comments

A 529 plan is a tax-advantaged savings account designed to pay for a child’s eventual educational expenses. Money in a 529 plan is used for a wide range of educational expenses, including college tuition, K-12 private school, certain apprenticeship expenses, and even student loan repayments. Many families create a 529 plan to reduce the student’s […]

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Supplemental Security Income

By Burner Law Group, P.C. / February 15, 2021 / 0 Comments

Question: My daughter is unable to work and receives Supplemental Security Income (SSI), can I give her money to help pay her bills without reducing the amount of her benefit? Answer: You can provide assistance to your daughter in some ways but you must be careful, there are very strict rules regarding what you can […]

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Article 81 Guardianship Proceedings in New York State

By Burner Law Group, P.C. / January 6, 2021 / 0 Comments

A guardianship proceeding is commenced under Article 81 of New York State Mental Hygiene Law. The purpose of the proceeding is to have a guardian appointed for a person who is deemed incapacitated and unable to make decisions with respect to personal and/or financial matters. The Court must find that the alleged incapacitated person (or […]

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The Third Party Supplemental Needs Trust Trigger

By Burner Law Group, P.C. / November 30, 2020 / 0 Comments

As Elder Law Attorneys, we focus on Medicaid planning for our clients in order to have access to long-term care. It is equally as important to ensure that their beneficiaries will have access to government programs and not be disqualified by the fact that they received an inheritance. If you have a disabled child who […]

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Protecting Assets in the Context of a Guardianship Proceeding

By Burner Law Group, P.C. / November 14, 2020 / 0 Comments

While the best elder law and estate plan is to have a valid health care proxy naming agents and a valid durable power of attorney naming an agent to make financial decisions, not everyone has done the proper planning.  It is not uncommon for an elderly person to fall ill, be hospitalized and then need […]

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First Party Supplemental Needs Trusts

By Burner Law Group, P.C. / May 31, 2020 / 0 Comments

A first party supplemental needs trust, also known as a special needs trust, is established with the disabled beneficiary’s own funds, usually from a lawsuit settlement or inheritance, to avoid becoming ineligible for a needs-based government benefit. Such a trust, also called a special needs trusts, can hold excess countable income and assets for anyone […]

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