Are you concerned about the welfare of a special needs relative in Los Angeles or the surrounding communities? What will happen when you are no longer around to take care of a disabled or elderly loved one? Will they be left to struggle financially? Susan B. Geffen is an experienced Los Angeles special needs trust planning lawyer who can help you design a secure future for your loved one.

Simply leaving money behind that is designated for them in your will could lead to greater hardship. In order to receive many government benefits, the recipient must declare many personal assets, and this includes any bequests in a will. This could place them above the asset threshold that is in place for many government benefits programs, like Medi-Cal.

Susan can show you a much better way to ensure that your loved one with special needs is financially supported after you pass away. A special needs trust is a type of irrevocable trust that is uniquely suited to provide exempt income for persons who qualify for Medi-Cal and other government benefits. Any assets are in the name of the trust, rather than the beneficiary. This means that all the assets held by the trust for the benefit of your special needs loved one are not considered when applying for government benefits.

Two Types of California Special Needs Trusts

There are two types of special needs trusts in California. First party special needs trusts are funded with assets that belong to the trust beneficiary, or your disabled loved one. These trusts must pay back the state all Medi-Cal medical services that were used during your disabled loved one’s lifetime upon their death. There are also two different versions of this type of trust, one reserved for those disabled individuals under 65 and the other for any disabled individual.

Third party special needs trusts are different, and more desirable, because they are funded with assets belonging to someone other than your disabled loved one. This third party possesses the trust assets and uses them to benefit your loved one. The most important thing to note is that third party special needs trusts are not subject to recovery by the Department of Health Care Services (DHCS).

Asset Protection Lawyer

If you are considering the best way to provide financial support for a disabled loved one after your death, it is important to consider how leaving assets or money will impact government benefits. Susan can show you how to structure a trust that protects your assets yet uses them to provide income and other needs for your loved one. A properly executed special needs trust can provide financial support without compromising their eligibility.

Susan can help you consider the best interests of your disabled loved one in order to structure the special needs trust to best provide financial support. When your assets become part of a trust that is controlled by another party or organization, they are no longer counted as personal assets. This safeguards your loved one from losing other benefits they are entitled to from the government.

Some of the common care needs Susan will help you consider may include special types of medical care, travel, vacations, respite care or money for pursuing special interests that provide quality of life. The trustee of the special needs trust will be provided with instructions for ensuring these needs are met by using the assets within control of the trust.

Get Help with Special Needs Trust Planning in Redondo Beach

Susan B. Geffen has been advocating for the elderly, disabled and those with special needs in our community for over 30 years. She is a passionate and understanding advocate for the elderly and needy in California, as evidenced by her many accomplishments. Contact her Los Angeles office today if you need assistance with crafting a secure future for a special needs loved one in California.

Trusts & Wills

Susan B. Geffen has helped hundreds of families with their estate planning. Is a Living Trust just for the wealthy? No. If you own a home, have children, wish to leave your assets to whomever you choose, then you should consider having a living trust prepared for you.

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Probate

Susan B. Geffen can help you with your probate matter, and provide you with the expert guidance throughout the process.

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Conservatorships

Many of Susan’s clients ask her about Conservatorships. It is a serious process and it takes a very knowledgeable and experience attorney to evaluate whether or not a conservatorship is realistic and/or necessary.

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Nursing Home Abuse

Susan B. Geffen has been looking out for the elderly for almost 3 decades as an elder law attorney, gerontologist, and former law professor. She is the author of the book, “Take That Nursing Home and Shove It!”

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Trust Litigation

Disputes often arise after an individual dies and their estate is being administered by the named trustee. This is especially so when when there are substantial amounts of money involved or when family conflict is present.

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Special Needs Trust Planning

If a disabled individual receives a lump sum inheritance, they will lose all of the public benefits that have supported them during their lifetime until such time that that inheritance is spent down to a qualifying amount, usually $2000.00.

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Medi-Cal Planning & Asset Protection Attorney

Medi-Cal Planning & Asset Protection | South Bay, Los Angeles

If you are concerned about Medi-Cal recovery, Susan has been successful in helping many elderly adults with the complicated and critical process of Medi-Cal Planning and Asset Protection.

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Medi-Cal Planning & Asset Protection Attorney

Medi-Cal Planning & Asset Protection Hermosa Beach

If you are concerned about Medi-Cal recovery, Susan has been successful in helping many elderly adults with the complicated and critical process of Medi-Cal Planning and Asset Protection.

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Medi-Cal Planning & Asset Protection Attorney

Medi-Cal Planning & Asset Protection Redondo Beach

If you are concerned about Medi-Cal recovery, Susan has been successful in helping many elderly adults with the complicated and critical process of Medi-Cal Planning and Asset Protection.

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- I was very very glad we went to Susan for my brother's Special Needs Trust. We had a number of tricky legal issues that she helped us deal with. The other attorneys I had spoken to didn't have the same experience dealing with Social Security and other benefits and we were worried so we came to her as a second opinion. If you have a disabled family member and need to create a trust I would certainly recommend Susan for her level of experience with SSI, HUD and Medi-Cal to protect your disabled family member. She also kept her fees very reasonable considering how complicated our situation was. She is a very strong advocate for the elderly and disabled.

Blair W.
Susan B. Geffen Law

Contact Susan

Call Susan today (310) 406-0608 or send her a message by filling out the form below.