Special Needs Trust Administration Manual
Shortly after the Special Needs Trust Administration Manual: A Guide for Trustees (People with Disabilities Press, 2004) was published, the Social Security Administration made three important changes* to the SSI program rules. These revisions became effective on January 1, 2005.
The Special Needs Trust Administration Manual: A Guide for Trustees. 2005 Edition, including the latest changes in regulations and benefits, is now available at
http://www.disabilitiesbooks.com/special_needs_trust/index.html
It is a valuable reference guide for anyone who is managing a special needs trust for a person with disabilities. In an uncomplicated, user-friendly way, it explains the rules that govern Special Needs Trusts and how those rules relate to the many complicated government benefit programs that assist people with disabilities.
The Manual is for laypersons, such as friends and family of a person with disabilities, and for professionals, including attorneys, financial planners, and social workers—anyone who is administering (or considering administering) a Special Needs Trust. It is concise, easy to use, and packed with helpful information.
In clear, easy to understand language, the authors (all attorneys experienced in guiding trustees through the complex rules of Special Needs Trusts) explain how a trustee can use trust funds to meet the medical, recreation, and transportation needs of a person with disabilities without risking the benefits of government programs such as SSI, SSDI, Medicaid, and Section 8 housing. The authors give useful advice and provide many concrete examples.
The Manual is a practical reference book that answers common questions such as:
· What are my responsibilities to the disabled beneficiary?
· Can I spend money for a car, trip, or gift?
· Can I buy a house or condominium, and if so, who should own the property?
· What expenses can I safely pay without risking SSI benefits?
· How do I open a bank account?
· Does the trust need its own taxpayer identification number?
· What happens if I need to resign?
The Manual also explains trustee’s bond, fees, record keeping, accounting requirements, and fiduciary and investment responsibilities.
Although the Manual explains how federal laws and regulations are applied in Massachusetts, it can be useful throughout the United States. Massachusetts laws, especially in respect to Medicaid, may differ significantly from other states’ laws. Trustees outside Massachusetts should work with a local attorney who can guide them through the standards and practices in their state.
*The changes are:
* Clothing is no longer considered in-kind income. Formerly, if an SSI recipient received any clothing from a third party (including a Special Needs Trust), his SSI benefit might be reduced. This is because clothing (along with food and shelter) was considered in-kind income. Now the trustee’s job should be easier, because she can use trust funds to pay for the beneficiary’s clothes without reducing the SSI benefit. (However, food and shelter are still considered in-kind income that can reduce the SSI benefit.)
* The $4,500 limit on the value of an automobile has been eliminated. Formerly, if an SSI recipient owned an automobile, it had to be worth $4,500 or less, unless it was specially adapted, required for medical transportation, or needed because of distance or geography. Now Social Security disregards the car’s value.
* The $2,000 limit on the value of personal items a recipient can own has been eliminated. Formerly, the value of a recipient’s personal property (such as furniture, computer, jewelry, etc.) could not exceed $2,000. Now there is no monetary limit on that kind of property. Note, however, that the new law affects only personal items. SSI’s strict $2,000 limit on liquid resources (cash, bank account, savings bonds, etc.) remains unchanged.
Besides these important changes, the second edition contains the 2005 figures for all SSI-related examples and calculations. Also, the 2005 figures have been used for all SSI-related programs, including SSDI and Medicaid.
Reviews
“I wanted to let you know how much I appreciated this manual for trustees. I have been working with families…and I am a mother of a very involved child…Many parents become trustees, as well as close relatives and family members. This is a great guide to their responsibilities as well as providing much needed resources and information…the language is easy to understand and the legalese is kept to a minimum. I recommend it to professionals and lay people alike.”
Annette M. Hines, Attorney at Law, Natick, MA
“…a welcome addition to any disabilities library.”
The Signal, May, 2005, Brain Injury Association of Florida
“Special Needs Trusts enhance a disabled person’s quality of life while allowing government benefits like Medicaid to continue. But many trustees of such trusts are laypersons…attorneys often are asked by clients about to take on the job of trustee, “Is there something I can read?”
The authors of this manual wrote it so that they could finally answer, ‘Yes!’
The authors are five Massachusetts attorneys with extensive experience in creating and administering Special Needs Trusts…The manual covers the subject from A to Z, including general trust accounting rules, descriptions of public benefit programs, and instructions on making distributions from special needs trusts. Mistakes in this field can be very costly to the beneficiaries, potentially involving the loss of important coverage from public benefits programs and the requirement to pay back past benefits.
Because the authors are Massachusetts attorneys, the book explains how federal law and regulations are applied in that state. While the book is of value to readers in any state, the authors note that laws in other states may differ, particularly with respect to Medicaid, and that local attorneys should be consulted.”
ElderLawAnswers.com, December, 2004
“…clear, concrete, and organized in a way that was useful and usable… the book is not designed to take the place of an attorney, but rather to help individuals be well informed, and make good and efficient use of the time they may need to spend working with a lawyer.”
John G. Reiss, Ph.D., Associate Professor of Pediatrics, Institute for Child Health Policy, Gainsville, Florida
Posted on Transitions listserve, December 2006
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