Wills, Trusts, and Estates in Pennsylvaniaspecial needs trusts PA » Wills, Trusts, and Estates in Pennsylvania http://www.utbf.com/trust-estate Trust Estate and Wealth Preservation Section Fri, 03 Feb 2012 21:59:24 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Save Your Personal Injury Award With OBRA Special Needs Trusts In PA http://www.utbf.com/trust-estate/2010/02/save-your-personal-injury-award-with-obra-special-needs-trusts-in-pa/ http://www.utbf.com/trust-estate/2010/02/save-your-personal-injury-award-with-obra-special-needs-trusts-in-pa/#comments Mon, 01 Feb 2010 12:48:43 +0000 Douglas L. Kaune http://www.utbf.com/trust-estate/?p=580 Share and Enjoy • Facebook • Twitter • LinkedIn • Add to favorites • Email • Print ]]>
Douglas Kaune, Special Needs Trust attorney

Douglas Kaune, Special Needs Trust attorney

Save Your Personal Injury Award With OBRA (42 U.S.C. § 1396p(d)(4)) Special Needs Trusts in Pennsylvania (PA) and elsewhere. Many individuals injured in an accident, through negligence or medical malpractice find themselves disabled to varying degrees. Among the things they can no longer do is maintain a job. Therefore these individuals receive public benefits such as Medicaid and Supplemental Security Income (SSI) to assist in maintaining their lives. Lawsuits and ultimately, large monetary awards stem from these types of injuries. It is likely that once these personal injury awards are paid to the individual, they will be disqualified from the public benefits of SSI and Medicaid. The personal injury award could be lost quickly to pay for the recipient’s ongoing medical care and living expenses. An important solution is the OBRA “Payback” Special Needs Trust. Click here to learn more about this type of trust and Special Needs Trusts in general. Generally, the benefits recipient is legally permitted to create a Special Needs Trust for his or her own benefit for the balance of his or her lifetime. This self-settled Special Needs Trust allows the personal injury award to be maintained to supplement and enhance the individual’s public benefits with the balance of the trust being paid back to Pennsylvania (PA) at the death of the recipient.
Please feel free to contact us any time at 610-933-8069 or dkaune@utbf.com to discuss your particular Estate Planning Needs to determine the appropriate structure of your planning documents.
Wills * Trusts * Elder Law * Probate * Asset Protection * Power of Attorney * Estate Planning
Malvern, Phoenixville, West Chester Offices * Chester County, Montgomery County, Delaware County, Bucks County, Berks County, Philadelphia County Law Practice Locations.

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