Reply to Special Needs Trust out of money?

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[quote=Anonymous][quote=Anonymous]You and your sibling need to have a lawyer review everything before you send any money to your uncle. You can hire an attorney to represent your brother and look into whether the uncle broke his fiduciary responsibility.

An ABLE account or special needs trust does not trigger Medicaid or other social services. It doesn’t show up as income or assets owned by the disabled person. This is the point of these trusts. It’s also why the accounts can’t be used for rent, food, utilities etc.

Unless the uncle was using the trust to pay for residential treatment facilities or in home personal caregivers or private psychiatrists that don’t take Medicaid then something is wrong. [/quote]

It’s not clear that there is an actual special needs trust. And the recipient of the $400k came into the money after he was receiving Medicaid funded care so it likely would be subject to the five year look back period. The inheritance was 12 years ago. That means that less than $2800 per month was being spent on a mentally ill person’s rent, food, clothing, possibly medical expenses and living expenses. I know some can do it for less, that’s really not extravagant by any means. [/quote]

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