Frequently Asked Questions (FAQs)

Medicare and Medi-Cal (Medicaid)

What is a special needs trust?

A person with a disability is often entitled to receive Supplemental Security Income (SSI) benefits. To qualify, the person can have no more that $2,000.00 of countable resources. SSI is a very important benefit since it entitles the recipient to Medi-Cal benefits. 

A parent who wishes to benefit a child with a disability after the parent’s death, without disqualifying that child from SSI, can do so by providing for the creation and funding of a special needs trust, a very restrictive trust designed to provide for the child’s needs which are not met by public benefits while at the same time, not disqualifying the child from continued receipt of SSI. The assets in a properly structured special needs trust will not be considered available to the beneficiary during his or her lifetime, nor will the trust assets be subject to recovery by the state upon the death of the beneficiary.

“The makers of our Constitution...sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone the most comprehensive of rights and the right most valued by civilized men”

- Justice Louis Brandeis in Olmstead v. U.S