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Angel15: Retain an attorney.
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Reply to Llamalover47
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AlvaDeer,
What a great answer you gave. Glad I am a lifelong learner. Thanks for sharing.
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Reply to Tatanka6
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I am sure I responded to this yesterday.

I am honored that Send saved my info. I was new to the Special Needs back then. Mom was the original payee but with Dementia could not carry on her duties. I applied for payee in place of her and was assigned.

I am under the impression that Special Needs Trusts cannot be gotten after age 65. In my nephews case it was gotten to protect life insurance money received from deceased mother. This allowed my disabled from birth nephew to get the help he needed. SNT are very limited in how the money can be spent. No lodging, no food, no utilities because you can get help for them. The only thing I can cover is cable and cell phone bill because you can get no help for them. The money reverts to Medicaid upon death. Medicaid takes what they are owed and if any money left, then that goes to the beneficiary.

There was a OP that said she was able to get a SNT for her over 65 husband. You will need a Lawyer versed in Social Security and Medicaid law. Probably an Elder Lawyer.
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Reply to JoAnn29
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Sendhelp Feb 7, 2025
Thanks JoAnn!
I searched Special Needs in the search bar.
I remembered, because your good information saved me time and frustration, and money-found we would not benefit from a special needs
trust. Of course, everyone is different and needs to do their own research,
and consult their own attorney.

Since that time, my dH has mostly cooperated with the plan. However,
I often find all his needs are met: Cell Phone, Computer(s), etc.
I am without Cell Phone, Computer that works, etc.

Not quite there yet, it's up to me, I know.

Something new! One cannot get a SNT after age 65.
(1)
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Be strong, you are going to need help,
AND you are going to be hurt.

Do not allow the relative to live with you.

Place the needy person in assisted living while you can, before the symptoms
get so bad placement is much more difficult.

When the symptoms do get bad, look into Board & Care for behavioral health.

Do not allow the NPD person to drink, makes behaviors worse.

This is my opinion, I do not expect anyone to understand or follow my answer, not an expert. Just trying to save you years of searching.

See an attorney, using the relative's funds to pay. Learn all you can about a Special Needs Trust. You can search here. The thing I learned here is that withdrawals from the Trust are not for rent, groceries, etc. Things you might need for the
person. I really don't get it, don't understand the plan. Maybe it was JoAnn who explained it in the past?

Other OPTIONS would be to call APS (Adult Protective Services).

Do not become the POA or Guardian/Conservator, ask the attorney why not.

I am already breaking my own guidelines. That is to never be the first to post an answer here.

Edit: Ah, Alva Deer has posted at the same time. Listen to her.

Edit: JoAnn posted this:
JoAnn29
Feb 2017
Does he have SSI or SSD? Two different things. I am the trustee of a Special needs trust. I had it set up to protect nephews insurance money from my sister. Without it, he could not have gotten SSI it SSD. He would have had to spend the money down. SS and Medicaid are aware of the trust but cannot use it in predicting qualification. I have never been asked how it is being spent. I was told that it can't be used for housing or food. That is what SSI and SSD are for. The only way my handling of the trust would be questioned is if my nephew or beneficiary questions it. I keep receipts of all that is spent which is all for him. All Medicaid asks of me is a copy of the statement when I refile.
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Reply to Sendhelp
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See a Trust and Estate attorney.
Legal, financial and medical questions require expert advice, not the opinions of a bunch of folk on a Forum.
Wishing you good luck.
You can learn a lot about special needs trusts online. This will save you a lot of time in the attorney office, and in that office you really want to spend as little time as you can while getting all the information you need.
Sure do wish you the best of luck.
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