A Special Needs Trust can protect the financial future and public benefits of a loved one with disabilities while preserving access to government programs. At the Law Offices of Robert P. Bergman, based in San Jose and serving clients across California including Arcata and Humboldt County, we help families create tailored trust arrangements that reflect their priorities and local rules. Whether you are starting the planning process or need help resolving funding and benefits issues, our team can explain options and next steps. Call 408-528-2827 to discuss how a trust can support long-term care and stability.
Our practice covers a full range of estate planning documents that often work together with a Special Needs Trust. Typical components include a Revocable Living Trust, Last Will and Testament, Financial Power of Attorney, Advance Health Care Directive, General Assignment of Assets to Trust, Certification of Trust, and Pour-Over Will. We also prepare Irrevocable Life Insurance Trusts, Retirement Plan Trusts, Pet Trusts, Trust Modification Petitions, Heggstad Petitions, HIPAA Authorizations, and Guardianship Nominations. These tools are coordinated to protect benefits, manage assets, and provide a clear plan for caregivers and trustees.
A properly drafted Special Needs Trust helps preserve eligibility for public benefits such as Medi-Cal and Supplemental Security Income while allowing supplemental resources to improve quality of life. It provides a legal framework for appointing a trustee to manage funds, ensuring that distributions support housing, education, therapies, and daily needs without jeopardizing means-tested programs. Beyond financial protection, a trust creates continuity of care by documenting the grantor’s wishes and establishing backup decisionmakers. This approach reduces uncertainty for family members, clarifies the role of caregivers, and helps prevent disputes that can disrupt a beneficiary’s stability.
The Law Offices of Robert P. Bergman provides estate planning and trust services from a San Jose office while serving families throughout California, including Arcata and Humboldt County. The firm focuses on practical, family-centered planning and takes time to understand each client’s goals, resources, and caregiving arrangements. We assist with drafting trusts and related documents, funding trust assets, and handling petitions such as Heggstad and trust modifications when needed. Clients reach us at 408-528-2827 to start planning or to review existing documents to ensure they work together effectively.
A Special Needs Trust is a legal arrangement that holds assets for the benefit of a person with disabilities while protecting their eligibility for means-tested public benefits. There are different types of trusts commonly used, including third-party trusts funded by family members and first-party trusts funded with the beneficiary’s own assets. Each form has different requirements for trustee powers, distributions, and potential payback obligations to government programs. Determining whether a trust is the right tool depends on the size of assets, the beneficiary’s current benefits, future needs, and family preferences about oversight and management.
Special Needs Trusts work alongside other planning tools such as powers of attorney, advance health care directives, and pour-over wills to create a full picture of care and resource management. Trustees manage distributions in a way that supplements but does not replace public benefits, often paying for things like therapy, adaptive equipment, education, and transportation. Funding strategies may include transfers at death, beneficiary designations on retirement accounts, life insurance, or direct transfers of property. Effective coordination with government agencies and clear recordkeeping are essential to avoid unexpected consequences.
A Special Needs Trust is a fiduciary arrangement in which a trustee holds and manages assets for the benefit of a person with disabilities, making discretionary distributions that enhance quality of life while preserving eligibility for means-tested programs. The trust document sets out how funds may be used, who the trustees are, and how successor trustees are appointed. The trust can be tailored to include conditions or guidelines for distributions, directions for healthcare coordination, and mechanisms to address long-term care costs. It is a practical planning tool for families who want financial support to complement public benefits.
Creating a Special Needs Trust typically involves reviewing benefits status, identifying assets and funding sources, drafting trust provisions that reflect the beneficiary’s needs, and choosing a trustee and backup trustees. Important elements include clearly defined trustee powers, language that preserves public benefits, instructions for distributions, and provisions for successor trustees. The process also requires coordinating beneficiary designations, retitling assets where appropriate, and preparing related documents such as a pour-over will or certification of trust. In some cases, petitions like a Heggstad filing or trust modification may be needed to perfect trust funding or address court issues.
Below are concise explanations of terms families commonly encounter when planning a Special Needs Trust. Understanding these phrases helps when reviewing documents and talking with trustees, care providers, and benefits officials. Terms include types of trusts, administrative actions, and legal petitions that affect funding and benefits coordination. Familiarity with this vocabulary makes it easier to implement a plan that meets caregiving goals, anticipates future changes, and reduces the risk of inadvertent benefit loss. Each family’s situation is unique, so definitions should be reviewed in light of personal facts and local rules.
A third-party Special Needs Trust is funded with assets belonging to someone other than the beneficiary, most commonly family members who leave resources in trust by will or transfer assets during life. Because the funds never belonged to the beneficiary, these trusts generally do not require a government payback provision at the beneficiary’s death. They are flexible tools for providing supplemental support, and they can be designed to allow distributions for education, therapy, recreation, and other quality-of-life expenses while protecting eligibility for means-tested benefits like Medi-Cal and SSI.
A Heggstad Petition is a court filing used in California to request a judicial determination that certain assets should be treated as if they had been transferred into a trust when the decedent failed to complete formal transfer steps before death. This petition can be useful when a pour-over will names the trust as beneficiary but assets remain in the decedent’s name after death. The court can order those assets to pass to the trust, helping to fund a Special Needs Trust for the beneficiary and avoid delays or disputes that could interrupt care or benefits.
A first-party Special Needs Trust is funded with assets that belong to the beneficiary, such as an inheritance, settlement proceeds, or personal savings. Federal and state rules generally require these trusts to include a payback provision that reimburses Medi-Cal or other public programs for benefits paid on the beneficiary’s behalf after the trust ends. Despite the payback requirement, these trusts preserve program eligibility while allowing the beneficiary to benefit from supplemental support. Proper drafting and administration are needed to satisfy legal requirements and protect access to services.
The trustee is the individual or institution responsible for managing trust assets, keeping records, and making distributions consistent with the trust terms and public benefits rules. Administration duties include maintaining receipts, producing annual accountings if required, coordinating with case managers and government agencies, and making discretionary distributions for the beneficiary’s supplemental needs. Trustees must also consider tax filings, investment oversight, and succession planning. Good administration balances prudent financial management with an understanding of the beneficiary’s day-to-day needs and long-term care goals.
Families weighing legal options should consider how a Special Needs Trust compares with alternatives such as guardianship, payee arrangements, or informal family assistance. Guardianship addresses decisionmaking for personal care and medical matters but does not by itself manage funds in a way that preserves benefits. Payeeship allows payment of government benefits to a designated payee for routine expenses but is limited in scope. A trust-based approach can combine asset management with benefit protection and tailored distributions. Choosing the right path depends on the beneficiary’s capacity, amount of assets, and the family’s long-term care plans.
A limited planning approach can suffice when the beneficiary has modest needs and family members are willing and able to provide day-to-day financial assistance. If assets are minimal and there is no imminent influx of inheritance or settlement funds, families may manage with targeted documents like a power of attorney for finances and clearly documented caregiving plans. This approach reduces legal complexity and expense while still offering some protection. It should include review points to reassess whether a trust may be required in the future as circumstances change.
When public benefits are already well coordinated and trusted family caregivers are available to manage supplemental needs, a full trust may not be immediately necessary. Families in this situation can rely on benefit payee arrangements, written plans for providers, and clear beneficiary designations, while keeping files organized in case additional formal planning becomes advisable. Regular reviews are important to ensure continued benefit eligibility and to identify any future risk of asset infusion that would make a trust more appropriate for long-term protection.
A comprehensive trust-based plan is often needed to ensure that any assets intended for a person with disabilities do not inadvertently disqualify them from vital public benefits. Complex rules govern asset ownership, income, and permissive distributions, and a carefully drafted trust can navigate these requirements while allowing for supplemental support. When families expect inheritances, settlements, or significant savings, a trust helps secure long-term access to services by separating countable assets from funds used for discretionary needs.
When assets are substantial or include retirement accounts, life insurance, or real property, comprehensive planning ensures those resources are directed in a way that supports the beneficiary over time. Trust instruments, beneficiary designations, and related documents can be coordinated to fund a Special Needs Trust, minimize tax consequences, and provide for successor trustees. A robust plan also anticipates life changes, allowing for trust modification, Heggstad petitions if needed, and mechanisms to address shifting care needs without disrupting benefits or access to services.
A comprehensive approach creates a single, coordinated plan that aligns asset management, healthcare directives, and caregiving instructions. It reduces the risk of unintended benefit loss by placing resources in vehicles designed to preserve eligibility, and it establishes a clear chain of responsibility for managing funds and making discretionary distributions. This approach also facilitates communication among family members, trustees, and care providers, offering a roadmap for routine and unexpected situations. Overall, it brings clarity and reduces administrative friction for caregivers and agencies.
Another important benefit is continuity. A comprehensive plan names successor trustees and provides guidelines for long-term decisionmaking, which helps avoid delays or disputes when circumstances change. It also supports financial stability through thoughtful funding strategies, beneficiary designations, and possible tax planning techniques. With coordinated documents such as pour-over wills, certifications of trust, and HIPAA authorizations, families can ensure that personal and financial matters are handled consistently with their intentions and that the beneficiary’s needs remain the priority.
A trust-based plan promotes financial security by segregating supplemental funds from countable assets, allowing for strategic distributions that enhance the beneficiary’s life without compromising benefits. The trust structure can incorporate investment oversight, spending guidelines, and successor trustee provisions so that resources are managed for sustainability. Families gain a predictable mechanism for paying for needs like therapies, durable medical equipment, transportation, and enrichment activities while preserving social safety net benefits that cover essential medical and long-term care services.
A comprehensive trust establishes who is responsible for financial decisions, how distributions are reviewed, and what documentation must be kept. This clarity reduces family conflict and provides a reliable process for addressing needs as they arise. Trustees are given written guidance on permissible uses, and the trust can require regular reporting or oversight to ensure accountability. Such structure reassures caregivers and professionals that decisions will be made consistently with the grantor’s wishes and the beneficiary’s best interest, improving long-term outcomes.
Maintain accurate records of all trust receipts and disbursements, documentation of benefits received, and copies of communications with government agencies. Clear bookkeeping helps trustees demonstrate that trust funds supplement rather than replace public benefits. Records should include invoices for services, therapy receipts, and notes on why distributions were made. Organized files make annual accountings easier and reduce the risk of misunderstandings with caseworkers. Regular review of records also helps families spot changes in eligibility or services that may require plan adjustments.
Ensure that the trust plan aligns with the beneficiary’s medical, educational, and social support networks so distributions complement services. Share relevant trust provisions with care providers and guardians so they understand what supplemental resources are available for therapies, equipment, and activities. Obtain HIPAA authorizations and guardianship nominations where appropriate to allow smooth information sharing and decisionmaking. Regular meetings among family, trustee, and service providers help the trust adapt to evolving needs and ensure funds are used in ways that meaningfully enhance quality of life.
Families often consider a Special Needs Trust when they want to provide supplemental financial support without displacing government benefits that provide essential health and long-term care services. A trust helps manage funds intended for a person with disabilities, specifying how monies are used and who will oversee them. It is especially relevant where there may be an inheritance, settlement funds, or significant family savings. A trust can also reduce the administrative burden on caregivers and set out a clear plan for successor management if a parent or caregiver becomes unable to serve.
Another reason to use a trust is to formalize long-term arrangements and reduce the likelihood of family disputes over money and care. The trust document clarifies intent, sets distribution guidelines, and names trustees to act impartially on behalf of the beneficiary. It can be integrated with other estate planning documents to ensure smooth transitions at life events such as the passing of a caregiver, significant changes in health, or modifications to public benefits. Proper drafting also anticipates future needs and provides mechanisms for modification if circumstances change.
Typical circumstances include receiving an inheritance or settlement for the beneficiary, a parent or caregiver aging or passing away, or anticipating needs that public benefits do not cover. Families also establish trusts when they want to fund long-term supports such as therapies, adaptive housing, or transportation that enhance independence and quality of life. Changes in benefits eligibility, the arrival of significant assets, or concern about future care continuity are frequent triggers for formal planning. Each situation benefits from review to determine the most appropriate trust structure and related documents.
When a beneficiary receives an inheritance or settlement, a Special Needs Trust can hold those funds in a way that maintains eligibility for public benefits while allowing discretionary distributions. Without a trust, such funds may be treated as countable assets and jeopardize Medi-Cal or SSI. A first-party or third-party trust can be used depending on who owns the funds and whether a payback provision is required. Prompt planning after receipt of funds helps prevent benefit disruption and provides a framework for long-term financial support.
When a primary caregiver ages or passes away, families often need a formal mechanism to ensure continuity of care and financial management for the beneficiary. A Special Needs Trust names successor trustees, sets distribution standards, and ensures that resources are available to support the beneficiary’s needs over time. Planning in advance reduces the likelihood of emergency guardianship proceedings and gives the family confidence that the beneficiary will continue to receive appropriate support, taught to providers, and have access to funds for services not covered by public programs.
When maintaining access to public benefits such as Medi-Cal and SSI is essential for the beneficiary’s health and long-term care, a Special Needs Trust allows families to supplement those benefits without creating disqualifying assets. The trust structure provides a legal way to use funds for extras—such as therapies, enrichment activities, or adaptive equipment—while protecting the base level of public support. Proper coordination with benefits agencies and thoughtful drafting are needed to ensure distributions are permissible and do not inadvertently affect eligibility.
We serve Arcata and the surrounding Humboldt County communities by helping families design and implement Special Needs Trusts that reflect local needs and statewide rules. The Law Offices of Robert P. Bergman offers family-focused planning, attention to detail, and clear explanations of how trust provisions interact with benefits programs. Our team helps with trust drafting, funding, and any required court filings, and we coordinate related estate planning documents to create a unified plan. Contact our office at 408-528-2827 to arrange an initial conversation about your situation and options.
Clients choose our office for clear communication, practical planning, and a focus on durable solutions that meet the needs of persons with disabilities and their families. We prioritize listening to your goals and explaining the implications of different trust structures so you can make informed decisions. Our practice emphasizes a trustworthy, organized approach to document drafting, funding, and administration, with the aim of minimizing disruption to benefits and ensuring funds are used in ways that align with your wishes and the beneficiary’s needs.
Our process is collaborative and client-centered, beginning with a careful review of benefits, assets, and caregiving arrangements. We take steps to coordinate beneficiary designations, retitle assets where appropriate, and prepare related documents such as pour-over wills and certification of trust. Throughout, we explain options in plain language, keep families informed of progress, and provide practical recommendations for funding and trustee selection. This approach helps families put a plan in place with confidence and clarity.
We also assist with petitions and modifications when funding gaps, court issues, or changing circumstances require additional action, such as filing a Heggstad Petition or pursuing a trust modification. The goal is to maintain continuity of care and prevent interruptions in benefits while ensuring funds are available for supplemental needs. To discuss a customized plan for your family or review existing documents, please call 408-528-2827 and we will schedule a time to go over next steps.
Our approach begins with a thorough intake and benefits review to understand the beneficiary’s current support and potential gaps. We then work with you to identify funding sources, draft trust language that preserves benefits, and coordinate related estate planning documents. After the trust is executed, we assist with funding steps such as beneficiary designations, retitling assets, or preparing a pour-over will. If ongoing administration or court filings are required, we provide guidance to keep the plan effective and compliant over time.
The first step is a comprehensive assessment of the beneficiary’s needs, current benefits, and available assets. We gather medical, financial, and caregiving information to determine how a trust should be structured and funded. This phase includes identifying whether a first-party or third-party trust is appropriate, evaluating potential impacts on Medi-Cal and SSI, and discussing trustee options. The intake sets the foundation for the drafting phase and ensures that the trust will be practical and aligned with the family’s long-term objectives.
Collecting accurate personal, medical, and benefits documentation is essential to drafting an effective trust. We request information about diagnoses, care providers, current benefits enrollment, and any existing support services. This helps determine what expenses the trust should cover and how distributions can be structured to avoid benefit loss. We also discuss the beneficiary’s daily routine and long-term goals so that trust language can reflect realistic needs and priorities for supplemental support without risking public program eligibility.
During intake we review all potential funding sources such as savings, IRAs, life insurance proceeds, expected inheritances, and settlement funds. Understanding these resources helps inform whether a first-party or third-party trust is appropriate and the best methods for funding. We will also discuss whether a Heggstad Petition or trust modification may be required in the future to address funding gaps. Clear planning goals ensure the trust is tailored to provide sustainable support for the beneficiary over time.
After the assessment, we draft trust documents that align with the family’s objectives and legal requirements for preserving benefits. The drafting phase includes clear distribution standards, trustee powers and duties, successor trustee provisions, and any required payback language. We then coordinate funding by preparing beneficiary designations, retitling accounts, and drafting pour-over wills or certifications of trust. Proper funding steps are critical to realizing the plan’s protective effect and avoiding unintended consequences for benefit eligibility.
Trust preparation involves drafting the core trust instrument along with complementary documents such as a pour-over will, financial power of attorney, advance health care directive, and HIPAA authorization. These documents work together to ensure that both personal and financial matters are addressed and that the trust receives intended assets at the appropriate time. Clear instruction for trustees and distribution examples help reduce ambiguity and make administration more straightforward for caregivers and professionals who may be involved.
Funding the trust often requires updating beneficiary designations on life insurance and retirement accounts, retitling bank and investment accounts, and arranging for property transfers where appropriate. We guide families through those changes and prepare any necessary transfer documents. Proper coordination helps ensure that assets intended for the beneficiary actually end up in the trust and are available for discretionary use without jeopardizing public benefits. If assets remain outside the trust, we can advise on options such as Heggstad petitions or probate planning.
Once the trust is funded and active, ongoing administration includes recordkeeping, tax filings if necessary, regular reviews of distributions, and coordination with care providers and benefits administrators. Periodic plan reviews are important to respond to changes in the beneficiary’s needs, family circumstances, or public benefits rules. When changes are needed, the trust may be modified through established procedures or court petitions if required. Proactive administration preserves the trust’s protective function and supports long-term stability for the beneficiary.
Effective administration involves maintaining detailed records of income, expenditures, and distributions, keeping copies of receipts, and documenting the purpose of expenditures. Trustees should be prepared to provide information to government agencies when requested and to produce accountings to family members or courts if required. Good recordkeeping minimizes disputes and helps demonstrate that trust funds are being used for supplemental needs rather than basic living expenses covered by public benefits, protecting eligibility and ensuring transparency over time.
Over time, circumstances may require changes such as trust modifications, additional funding measures, or a Heggstad Petition to transfer assets that were not properly retitled before death. We assist with petitions and court processes when funding or administrative obstacles arise, and we recommend proactive steps to reduce the need for court involvement. When modifications are appropriate, careful drafting preserves the trust’s purpose while adapting to new needs, legal changes, or shifts in family dynamics.
A Special Needs Trust is a legal arrangement that holds assets for the benefit of a person with disabilities while protecting eligibility for means-tested public programs. The trust is designed so the trustee can make discretionary distributions for supplemental needs like therapies, adaptive equipment, education, or recreation, without counting the trust assets as resources that would disqualify the beneficiary from programs such as Medi-Cal or Supplemental Security Income. The trust document sets out distribution standards, trustee powers, and successor trustee provisions to provide continuity of support. Families create a Special Needs Trust when they want to provide financial support that complements public benefits and avoids unintended loss of eligibility. The trust can be funded during life or at death through beneficiary designations, life insurance, probate planning, or property transfers. It is important to coordinate the trust with other estate planning tools and to choose a trustee who understands both the beneficiary’s needs and the rules governing public benefits.
When properly drafted and administered, a Special Needs Trust can preserve a beneficiary’s eligibility for Medi-Cal and Supplemental Security Income by ensuring that trust assets are not treated as countable resources. The trust must include language and distribution practices that align with program rules, and trustees must avoid direct payments for basic support that would otherwise be provided by benefits. Coordination with benefits caseworkers and careful recordkeeping are essential to prevent misunderstandings that could affect eligibility. It is also important to identify whether the trust is first-party or third-party, because first-party trusts often require a payback clause reimbursing Medicaid for services paid on behalf of the beneficiary upon termination of the trust. Knowing the rules that apply and maintaining clear documentation of distributions helps ensure ongoing access to public programs while allowing the trust to provide supplemental supports.
A first-party Special Needs Trust is funded with assets that belong to the beneficiary, such as an inheritance or settlement. Federal and state rules generally require such trusts to include a Medicaid payback provision, meaning that remaining trust funds may be used to reimburse Medicaid for benefits paid after the beneficiary’s death. These trusts protect current benefits while ensuring personal funds are available for supplemental needs during the beneficiary’s life. A third-party Special Needs Trust is funded with assets belonging to someone other than the beneficiary, typically family members who leave resources in trust by will or gift. Third-party trusts generally do not require a Medicaid payback and offer more flexibility in distribution and management. The choice between the two depends on who owns the funds and the family’s long-term planning goals.
Funding a Special Needs Trust can be accomplished through multiple methods such as beneficiary designations on life insurance or retirement accounts, payable-on-death bank accounts, transfers of property, or through a pour-over will that directs probate assets into a trust. Families often coordinate beneficiary designations so that life insurance proceeds or retirement account distributions pass into a third-party trust rather than directly to the beneficiary. Proper funding steps must be planned carefully to avoid creating countable resources that would affect benefits. When funds remain in the decedent’s name after death, a Heggstad Petition or probate steps might be necessary to direct those assets into the trust. Work with your legal advisor to identify the most efficient funding strategy, update beneficiary designations, and execute any required transfer documents so funding happens smoothly and achieves the intended protective effect.
Yes, many families appoint a parent as the initial trustee because parents understand the beneficiary’s needs and preferences. Parents acting as trustees should be prepared to manage financial records, make discretionary distributions consistent with trust terms, and coordinate with care providers. It is important to name successor trustees in case the parent becomes unable to serve, and to consider whether co-trustees or professional trustees are appropriate to provide continuity and financial oversight over time. Alternatives to a parent trustee include trusted adult relatives, close friends who are comfortable with administrative responsibilities, or corporate trustees and trust administrators who provide institutional continuity. Choosing the right trustee involves balancing personal knowledge of the beneficiary with the administrative ability to comply with reporting requirements and manage assets responsibly.
A Heggstad Petition is a court filing in California used when assets that should have been transferred into a trust remain in the decedent’s name at death. The petition asks the court to recognize that those assets were intended to be part of the trust and to direct that they be transferred to the trust so the trust can fund the beneficiary’s needs. It is often used to avoid lengthy probate or to correct funding oversights that would otherwise prevent trust resources from supporting the intended beneficiary. Families or trustees consider a Heggstad Petition when immediate funding is needed for the beneficiary or when a pour-over will alone will not quickly or effectively move assets into the trust. The petition requires factual evidence about the decedent’s intent and transactions, and legal assistance is typically necessary to prepare the record and represent the request in court.
A Special Needs Trust should be reviewed regularly and whenever significant changes occur, such as a change in the beneficiary’s health or care needs, receipt of an inheritance or settlement, modifications to public benefits rules, or the incapacity or death of a trustee or caregiver. Annual reviews are a good practice to confirm that distributions and recordkeeping remain compliant with benefits requirements and that the funding plan is on track. Routine reviews help identify administrative or legal steps needed to preserve the trust’s protective function. If circumstances change significantly, such as a move to a different state, substantial change in resources, or new benefit programs, consulting about a possible trust modification can prevent unintended consequences. Proactive reviews reduce the need for emergency court intervention and help maintain a reliable plan for the beneficiary.
Costs and timeframes vary depending on the complexity of the beneficiary’s needs, funding sources, and required documents. Drafting a properly tailored Special Needs Trust and coordinating associated estate planning documents takes time and careful attention to details like beneficiary designations and asset retitling. While there is an upfront investment in planning, the cost often offsets future risks of benefit loss and administrative complicatedness. Discussing a realistic timeline and fee estimate with your attorney helps set expectations for delivery of documents and funding steps. Some tasks, like updating beneficiary designations or retitling accounts, can be completed quickly, while other matters such as funding real property or resolving probate-related funding gaps may take longer. Planning ahead reduces urgency and often lowers overall cost by minimizing the need for court petitions or emergency filings.
A Special Needs Trust can be drafted to pay for certain housing-related expenses that enhance the beneficiary’s quality of life without replacing services covered by public benefits. Payments for supplemental housing supports, accessibility improvements, or supervised residential program fees can often be made from trust funds if they are consistent with the trust’s distribution standards. However, payments that are considered basic needs and would ordinarily be paid from SSI or other benefits need careful handling to avoid jeopardizing eligibility. Trustees should consult benefit rules and maintain documentation showing that housing-related expenditures are supplemental and consistent with the trust’s purpose. Coordination with caseworkers and review of program guidance helps determine what housing expenses are permissible from trust funds while preserving essential public supports.
To begin planning a Special Needs Trust in Arcata, gather basic information about the beneficiary’s current benefits, sources of assets, and caregiving arrangements. Contact the Law Offices of Robert P. Bergman at 408-528-2827 to schedule an initial discussion where we can outline options, explain types of trusts, and identify next steps. An early review helps determine whether a first-party or third-party trust is appropriate and what documents and funding steps will be required. During the initial phase we will identify necessary documents such as a pour-over will, power of attorney, advance health care directive, and HIPAA authorization, and plan for beneficiary designations and asset retitling. Timely action prevents benefit interruptions and ensures a coherent plan is in place to support the beneficiary’s long-term needs.
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