Attorneys & Professionals Resource Library
All these resources we provide are for the attorneys we work with in Puerto Rico and the 48 states we service (excluding Connecticut and New Mexico).
ABLE Accounts & Special Needs Trusts (Double)
The ABLE Accounts and Special Needs Trusts Guide provides a comprehensive overview of financial tools available to individuals with disabilities who rely on government benefits. It explains the unique advantages and disadvantages of each option, detailing how a Special Needs Trust can complement an ABLE Account or be used independently. This resource is designed to help beneficiaries and their families make informed decisions about managing their funds while maintaining eligibility for essential benefits. It serves as a vital tool for navigating the complexities of financial planning in alignment with trust regulations.
This document is a chart detailing eligibility for various Medi-Cal and Covered California programs based on Federal Poverty Level (FPL) income brackets. It outlines income thresholds and benefit levels for programs such as Medi-Cal for adults, children, and pregnant women, as well as available financial help options through Covered California.
This webpage provides an overview of Pooled Special Needs Trusts (PSNTs), also known as (d)(4)(C) Trusts, which are designed to help individuals with disabilities maintain eligibility for government benefits like Medicaid and Supplemental Security Income (SSI). It includes a reference to the Social Security Administration’s Program Operations Manual System (POMS) for detailed guidelines.
This webpage explains the purpose and benefits of a Settlement Management Trust (SMT), highlighting its role in protecting individuals from financial mismanagement and abuse. It outlines the trustee’s fiduciary duties, the necessity for disbursements to directly benefit the trust beneficiary, and the requirement for proper documentation of all disbursements. Additionally, it discusses the SMT’s ability to convert into a Special Needs Trust if the beneficiary becomes eligible for government benefits like SSI or Medicaid.
Understanding Medicaid vs. Medicare
This webpage provides an overview of various Medicaid programs, distinguishing between Disability-Based Medicaid (also known as needs-based or traditional Medicaid) and Income-Based Medicaid (also known as Expanded/MAGI Medicaid). It outlines eligibility criteria, the necessity of Special Needs Trusts for certain beneficiaries, and the differences between Medicaid and Medicare programs
This webpage provides a guide for setting up a Special Needs Trust (SNT) without court involvement. It includes recommended settlement document language to expedite fund access, outlines required documentation such as settlement papers and the client’s signed Social Security card, and details the signing process with the client, emphasizing the importance of proper preparation and documentation.
Allowable Distributions (Double)
The Allowable Distributions Information Guide provides a detailed overview of the types of expenses that can be covered by your trust. It explains what qualifies as an allowable distribution, offering examples and guidelines to help you make informed decisions when requesting disbursements. The guide aims to ensure compliance with trust regulations while helping you understand how to best utilize the funds to meet your needs. This resource is essential for trust beneficiaries and their families to navigate the disbursement process effectively and responsibly.
This handout provides essential guidance for recipients of needs-based government benefits, such as Medi-Cal and SSI, on the reporting obligations and options for preserving benefits when receiving settlement funds. It includes examples, asset limits, and professional recommendations for managing settlements in compliance with benefit eligibility requirements.
The "Payment of Food & Shelter" document by CPT Institute explains guidelines for using trust funds to cover food and shelter expenses for beneficiaries on Supplemental Security Income (SSI). It details how such payments, categorized as In-Kind Maintenance and Support (ISM), can reduce SSI benefits up to a capped Presumed Maximum Value (PMV), offers calculation examples, and highlights the implications for SSI and Medicaid benefits.
This document is a disclosure form for beneficiaries who choose not to establish a Special Needs Trust (SNT), despite being informed of its benefits for preserving eligibility for government assistance. It includes statements affirming the beneficiary’s informed, voluntary decision and acknowledgment of potential consequences.
This document is a template for notifying a government agency about a “spend-down” of settlement funds to maintain eligibility for needs-based benefits. It includes fields to report the net settlement amount, trust allocation, and spend-down details with attached receipts, ensuring compliance with benefit eligibility requirements.
Civil Superior / Workers Compensation
This webpage outlines the process for establishing a Special Needs Trust (SNT) in civil or workers’ compensation cases to preserve eligibility for needs-based government benefits. It provides guidance on necessary court document language, document review procedures, required documentation post-court approval, client signing protocols, and funding instructions.
This webpage provides a guide for setting up a trust through probate court, including court order requirements and documentation needed for approval, like settlement agreements and the master trust. It also covers post-approval steps, including sending documents to CPT Institute and coordinating client signing.