If you are planning for the long-term care and financial security of a loved one with disabilities in Homeland, this guide explains how a special needs trust can preserve benefits while providing supplemental support. The Law Offices of Robert P. Bergman helps families understand trust options, coordinate related estate documents such as revocable living trusts and pour-over wills, and create practical plans tailored to each family’s circumstances. This introduction outlines why a carefully drafted trust matters, how it interacts with public benefits, and what to expect during the planning process with clear, compassionate guidance in Riverside County, California.
Many families worry about protecting government benefits while also providing for quality of life beyond what public programs cover. A special needs trust can allow a person with disabilities to receive supplemental care, enrichment, housing, and medical support without jeopardizing eligibility for Medi-Cal or Supplemental Security Income. At the Law Offices of Robert P. Bergman, we focus on delivering practical solutions that reflect each family’s priorities, whether that means creating a trust, preparing supporting documents like powers of attorney and HIPAA authorizations, or coordinating beneficiary designations on retirement plans and insurance policies for a seamless plan.
A properly drafted special needs trust helps protect a person’s access to public benefits while supplying additional resources that enhance daily life. By keeping trust assets separate from countable income and resources, the trust can pay for items and services not provided by governmental programs, such as therapies, transportation, educational programs, and recreational activities. It also appoints a trustee to manage distributions and reduces family conflict by setting clear rules. For families in Homeland and Riverside County, creating a trust offers peace of mind and a structured way to preserve benefits, promote independence, and address changing needs over time.
The Law Offices of Robert P. Bergman provides estate planning services across California, helping clients prepare trusts, wills, powers of attorney, and health care directives tailored to their circumstances. Our approach emphasizes clear communication, careful document drafting, and practical planning for families facing disability concerns. We assist with specialized instruments such as irrevocable life insurance trusts, retirement plan trusts, and Heggstad petitions when needed to preserve benefits and transfer assets smoothly. Local clients in Homeland and Riverside County rely on our team to navigate legal choices and implement plans that reflect their values and priorities.
A special needs trust is a legal arrangement designed to hold assets for a person with disabilities while preserving eligibility for public assistance programs. The trust can be funded by family resources, settlements, or other sources, and it allows a trustee to make discretionary distributions for supplemental needs such as therapy, education, transportation, and medical equipment that government programs do not cover. Establishing this trust requires careful drafting to meet legal requirements under federal and state law, and to ensure distributions do not count as available income for means-tested benefits such as Medi-Cal and Supplemental Security Income.
There are different types of special needs trusts, including first-party trusts funded with the beneficiary’s own assets, third-party trusts funded by family members, and pooled trusts managed by nonprofit organizations. Each type has different rules, including payback requirements and how the trust interacts with estate recovery. Deciding which trust fits your situation involves assessing the beneficiary’s benefits, the source and size of assets, and long-term care goals. Our firm helps families choose an appropriate structure, draft the trust terms, and coordinate related estate planning documents so that the plan functions as intended over time.
A special needs trust is a legal vehicle that holds assets for the benefit of a person with disabilities while maintaining their eligibility for means-tested public benefits. The trust is governed by a trustee who makes distributions to meet supplemental needs and follow the grantor’s instructions. Proper wording and trustee powers are essential to ensure distributions are discretionary and do not disqualify the beneficiary from programs like Medi-Cal or SSI. Trust provisions also address successor trustees, distribution standards, and whether a payback to the state is required after the beneficiary’s death, depending on the trust type chosen.
Setting up a special needs trust involves several key steps: assessing benefits eligibility, selecting the appropriate trust type, drafting trust language that preserves benefits, naming a trustee and successor trustees, and coordinating related estate planning documents. The process includes reviewing financial accounts, insurance designations, and retirement plan beneficiaries to ensure assets flow into the trust or are used in a manner consistent with the plan. Effective communication with family members and advisors is important to set expectations for distributions and trustee authority, and periodic reviews keep the plan aligned with changes in law or family circumstances.
Understanding the terminology used in special needs planning helps families make informed decisions. This section defines common words and phrases related to trusts and benefits, explains how different documents interact, and clarifies the role of trustees and beneficiary designations. Familiarity with these terms can prevent misunderstandings and ensure your documents perform as intended. We provide plain-language explanations and practical examples so clients in Homeland and Riverside County can feel confident when reviewing trust drafts, powers of attorney, and other estate planning instruments.
A special needs trust is a legal trust designed to hold assets for a person with disabilities without jeopardizing their eligibility for means-tested programs. The trust provides supplemental goods and services beyond what public benefits cover, such as educational support, transportation, and therapies. Trust terms must be drafted to allow discretionary distributions and to follow rules specific to the trust’s funding source. Depending on whether the trust is funded with the beneficiary’s assets or by third parties, different repayment and recovery provisions may apply, and those details affect how the trust is administered over time.
A third-party special needs trust is funded with assets belonging to someone other than the beneficiary, commonly parents or other family members. This trust type typically avoids payback obligations to the state, allowing unused funds to pass to contingent beneficiaries after the beneficiary’s death. It is often used as part of a broader estate plan to provide ongoing support for a loved one without affecting their government benefits. Proper coordination with wills, insurance, and retirement account designations helps ensure the intended funds ultimately reach the third-party trust for the beneficiary.
A first-party special needs trust, sometimes called a (d)(4)(A) or pooled trust variant, is funded with the beneficiary’s own assets, such as an inheritance or settlement. These trusts often include a requirement to repay the state for benefits paid on behalf of the beneficiary after their death. First-party trusts are used when countable assets would otherwise disqualify a person from public benefits, and they must meet statutory requirements to be accepted by programs like Medi-Cal. Choosing the right trustee and including clear payback provisions are important considerations.
A pooled trust is managed by a nonprofit organization and pools resources from multiple beneficiaries while maintaining separate subaccounts for each individual. This structure provides professional administration and can be an efficient option for first-party assets or when families prefer not to appoint a private trustee. Pooled trusts often have lower administrative costs and may provide flexible spending for supplemental needs. They are subject to rules about payback and eligibility, so families should review the nonprofit’s terms and how distributions are handled before choosing this option.
When choosing a planning route, families typically compare third-party trusts, first-party trusts, pooled trusts, and other options such as guardian arrangements or reliance on family-managed accounts. Each approach has trade-offs regarding payback obligations, administrative responsibility, and how assets are controlled and distributed. A third-party trust generally offers greater flexibility for post-death distribution, while first-party trusts protect benefits but often require repayment to the state. Pooled trusts can simplify administration but involve nonprofit oversight. Evaluating these differences in light of family goals helps select the most appropriate solution.
If available resources intended to supplement a beneficiary’s care are modest and will not significantly impact eligibility for public benefits, families may choose a simpler arrangement. Limited planning can include directing modest gifts into either a third-party trust or managing small accounts with clear distribution rules. Simpler plans reduce administrative tasks and costs while still meeting immediate needs. However, even small amounts can unintentionally affect benefits, so thoughtful drafting and coordination with benefits advisors are important to preserve eligibility and ensure funds are used appropriately for supplemental care and quality-of-life improvements.
When a beneficiary’s needs are temporary or when a family expects to provide direct support for a limited period, a limited planning approach may be adequate. Temporary arrangements can address short-term therapies, transitional housing, or interim educational expenses without creating a permanent trust structure. Such solutions require clear documentation and communication so benefits are not affected and family members understand their roles. Families should plan a review to ensure that if circumstances change, a more comprehensive trust plan can be adopted to protect long-term benefit eligibility and provide stable support.
A comprehensive approach is advisable when the beneficiary has complex medical or support needs, when multiple income sources exist, or when significant assets could affect benefits eligibility. Comprehensive planning coordinates trusts, wills, powers of attorney, and beneficiary designations to avoid unintended disqualifications from public programs. It also anticipates future changes such as eligibility shifts or care needs. Careful drafting and coordination with financial documents reduce the risk of costly corrections later, and ensure the plan operates smoothly across different scenarios while reflecting the family’s long-term wishes.
Families seeking long-term security and clear oversight benefit from a comprehensive plan that sets distribution standards, selects reliable successor trustees, and integrates powers of attorney and health care directives. This thorough approach establishes a governance framework that helps avoid disputes and ensures continuity in decision-making. It also accounts for contingencies such as the passing of a parent or caregiver, changes in public benefits, and the need for trust modifications. A complete plan provides reassurance that the beneficiary’s quality of life will be supported consistently over time.
A comprehensive special needs plan helps preserve public benefits, provide additional supports tailored to the beneficiary, and reduce family conflict by documenting wishes and responsibilities. It integrates trust documents with wills, powers of attorney, HIPAA authorizations, and beneficiary designations to form a cohesive strategy. This integrated planning makes transitions smoother when caregivers change and supports continuity of care. By setting clear rules for distributions and appointing successor decision-makers, families can ensure that supplemental resources enhance the beneficiary’s life without compromising eligibility for vital programs like Medi-Cal and Supplemental Security Income.
Comprehensive planning also helps preserve assets for future needs, such as housing modifications, transportation, or educational opportunities that public benefits do not cover. With appropriate trust language and administrative provisions, funds can be used flexibly while protecting benefits. The approach often includes periodic reviews to adapt to changes in law or circumstances, ensuring the plan remains effective. Families receive a documented framework that clarifies trustee responsibilities and distribution standards, which can reduce disputes and provide long-term stability for the beneficiary’s support and wellbeing.
One primary benefit of a comprehensive plan is the preservation of eligibility for benefits such as Medi-Cal and Supplemental Security Income. Through careful trust drafting and coordination with public benefit rules, resources intended to improve quality of life can be kept separate from countable assets. This protection allows a beneficiary to continue receiving basic services while also enjoying supplemental support funded by the trust. Families gain confidence that additional resources will not unintentionally cause a loss of vital government-provided healthcare or income support, enabling better long-term planning.
Comprehensive planning provides a governance structure for how funds are managed and distributed, reducing ambiguity for family members and future caretakers. Trust documents identify a trustee, establish distribution standards, and provide guidance for handling unusual requests or changing circumstances. This clarity helps prevent conflict, ensures consistent decision-making, and makes it easier to adjust support as the beneficiary’s needs evolve. With clear rules and named successors, assets are managed responsibly and in alignment with the family’s priorities for supplemental care and quality of life.
Begin planning by reviewing the beneficiary’s current and anticipated benefits eligibility, including Medi-Cal and Supplemental Security Income if applicable. Understanding what counts as income and resources under these programs informs whether a first-party or third-party trust, or a pooled trust, is most appropriate. Families should gather documentation of current benefits, income sources, and anticipated inheritances or settlements. Early review helps avoid mistakes that could jeopardize eligibility and ensures that any trust language drafted will maintain access to necessary benefits while providing supplemental supports.
Select a trustee who understands the family’s values and can manage financial decisions responsibly, including a reliable successor to ensure continuity over time. Trustees may be family members, trusted friends, or a professional or nonprofit fiduciary; the choice affects administration style and costs. Provide clear instructions in the trust regarding distribution standards and communication preferences. Consider naming co-trustees or informal oversight mechanisms to reduce the risk of mismanagement and to provide a balanced approach to decision-making that reflects the beneficiary’s best interests and the grantor’s intentions.
Families consider a special needs trust to preserve benefits, protect assets, and provide a structured way to support a loved one with disabilities. Trusts can pay for supplemental needs like therapies, transportation, educational programs, and quality-of-life expenses that public benefits may not cover. A trust also clarifies how resources should be used, names decision-makers, and helps reduce family conflicts by documenting the grantor’s wishes. For residents of Homeland and Riverside County, a thoughtful plan offers reassurance that a loved one’s future needs are addressed even as circumstances change.
Beyond protecting eligibility, a trust can be part of a broader estate plan that includes wills, healthcare directives, and powers of attorney to manage decisions if caregiving responsibilities shift. Integration with other planning tools ensures assets flow as intended and that care decisions remain aligned with the beneficiary’s interests. A special needs trust also enables families to plan for contingencies, name successor trustees, and create distribution standards that promote independence and dignity while preserving essential public supports and providing supplemental services.
Families pursue special needs trusts in many circumstances: when a parent anticipates leaving an inheritance to a child with disabilities, after receiving a settlement or unexpected windfall, when considering long-term care needs, or when seeking to coordinate benefits and supplemental support. Other triggers include planning for transitions from school to adult services, preparing for parental incapacity, or addressing housing and support considerations. In each case, a trust provides a legally structured way to allocate resources and protect entitlement programs that provide critical baseline support.
When a person with disabilities is named to receive an inheritance or receives a legal settlement, a first-party or third-party special needs trust can prevent those funds from being treated as countable resources that would affect benefits. The trust holds and manages the funds for supplemental needs, with terms designed to align with benefits rules. Acting promptly to transfer funds into an appropriate trust can preserve eligibility and ensure that the assets enhance the beneficiary’s life through services and supports not available through public programs.
Parents and caregivers often plan ahead to provide stable long-term support for a child with disabilities, especially as they consider who will manage care and finances in the future. A trust can memorialize the family’s wishes, appoint trustees, and set distribution standards that guide future decision-makers. This forward-looking approach ensures continuity of care, reduces the administrative burden on successors, and preserves benefits. By integrating trusts with wills and powers of attorney, families create a comprehensive plan that addresses transitions and unexpected changes in circumstances.
Significant life changes such as moving to different housing, transitioning between benefit programs, or changes in medical needs may prompt families to establish or revise a special needs trust. Adjusting trust terms and coordinating with benefit counselors can help maintain eligibility and adapt support to the beneficiary’s evolving needs. Regular reviews of the plan ensure that distributions align with available services and that trustee powers remain appropriate. Updating associated documents like HIPAA authorizations and health care directives helps streamline decision-making during transitions.
The Law Offices of Robert P. Bergman offers practical, community-focused planning for families in Homeland and Riverside County. We help identify appropriate trust structures, draft clear documents, and coordinate estate planning tools such as revocable living trusts, pour-over wills, and advance health care directives. Our goal is to provide straightforward guidance on preserving benefits, managing resources, and naming decision-makers, so families feel prepared and supported. If you need assistance evaluating options or implementing a trust plan, we can help you move forward with a plan tailored to your family’s needs.
Families work with the Law Offices of Robert P. Bergman because we offer attentive planning that integrates trusts, wills, powers of attorney, and health care directives. We focus on creating clear, practical documents that reflect each family’s goals for supplemental support and benefits preservation. Our process emphasizes communication, careful drafting, and coordination of related instruments like HIPAA authorizations and beneficiary designations on retirement accounts, so your plan operates as intended across different life stages and events.
We assist with a broad range of trust-related instruments, including irrevocable life insurance trusts, retirement plan trusts, and trust modification petitions when circumstances change. Our approach includes reviewing financial accounts and recommending ways to align assets with the plan, such as updating designations or preparing a general assignment of assets to trust. This attention to detail helps reduce unintended consequences and makes transitions smoother for beneficiaries, trustees, and family members involved in long-term care.
Accessible planning and ongoing support are central to our service. We provide clear explanations of trade-offs among different trust types, help name appropriate trustees and successors, and prepare supporting documents like HIPAA authorizations and guardianship nominations when necessary. With practical guidance and careful document drafting, families can implement a trust that protects benefits, supports quality of life, and adapts as needs evolve, offering long-term peace of mind for caregivers and beneficiaries in Homeland and throughout Riverside County.
Our process begins with an initial consultation to review the beneficiary’s needs, current benefits, and available assets. We then recommend an appropriate trust type and draft documents that align with federal and state benefit rules. After execution, we assist with funding the trust, coordinating beneficiary designations, and advising trustees on distribution practices. We also offer periodic reviews to adjust documents as laws or circumstances change. This step-by-step approach ensures the plan is practical, compliant, and designed to support the beneficiary over the long term.
The first step is a comprehensive assessment of the beneficiary’s current benefits, income sources, assets, and family goals. We collect information about Medi-Cal status, SSI eligibility, bank accounts, insurance policies, retirement plans, and any expected inheritances or settlements. This assessment identifies which trust type and trust provisions will best preserve benefits while meeting supplemental needs. Detailed documentation at this stage helps ensure that the trust is drafted to reflect the family’s intentions and to operate effectively with public benefit rules.
We review the beneficiary’s enrollment in government programs and analyze financial accounts to determine resource and income implications. This includes checking the status of Medi-Cal and Supplemental Security Income, as well as examining ownership of bank and investment accounts, life insurance, and retirement assets. Understanding these details helps identify assets that must be protected from countable resource rules and whether accounts should be retitled or beneficiary designations updated to align with the trust plan.
During the initial meeting we focus on family goals, preferences for trustee selection, and the types of supplemental support the trust should provide. This conversation helps determine distribution standards and naming conventions for trustees and successors. We discuss who will serve as trustee, whether a professional or nonprofit trustee is preferred, and how distributions should be handled to balance immediate needs with long-term security. Clear direction at this stage leads to a trust that reflects the family’s values.
In step two we draft the trust and related estate planning documents, including wills, powers of attorney, advance health care directives, HIPAA authorizations, and any necessary assignments or certifications of trust. The drafting phase focuses on precise language that preserves benefit eligibility and sets trustee powers and distribution standards. We prepare documents for review, explain each provision in plain language, and make necessary revisions so the documents align with the family’s goals and legal requirements for special needs planning in California.
Trust drafting includes clear discretionary distribution language, naming trustees and successors, and specifying permissible uses of trust funds for supplemental care. We also prepare supporting documents like powers of attorney and healthcare directives to ensure continuity in decision-making. Other preparations may include a general assignment of assets to trust, certification of trust for financial institutions, and coordination with beneficiary designations to ensure proper funding of the trust at the appropriate time.
After drafting, we review the documents with the family to explain key provisions and answer questions. This review ensures everyone understands trustee responsibilities, distribution guidelines, and how the plan interacts with public benefits. We address any family concerns about administration and succession, make agreed-upon revisions, and prepare the documents for signing. Clear communication at this stage helps avoid future misunderstandings and ensures the plan is implemented according to the family’s wishes.
The final step is funding the trust and implementing the plan, including retitling accounts, updating beneficiary designations, and transferring assets as needed. We provide guidance on how to fund the trust properly and prepare certifications that financial institutions may require. After implementation, we recommend periodic reviews to ensure documents remain up to date with changes in the law, family circumstances, or benefits status. Ongoing attention helps maintain the integrity of the plan and allows for adjustments when needed.
Funding the trust may involve retitling bank accounts, transferring payable-on-death designations, assigning assets through a general assignment to the trust, or naming the trust as beneficiary of retirement or life insurance proceeds. We walk clients through each funding option to ensure transfers are completed correctly and that the trust receives assets in the intended manner. Proper funding matters to preserve benefit eligibility and to enable the trustee to manage resources for the beneficiary’s supplemental needs.
After the trust is in place, periodic reviews help address changes in the beneficiary’s needs, family circumstances, or benefit program rules. We offer guidance to trustees on recordkeeping, permissible distributions, and obligations related to payback provisions when applicable. Regular updates to related documents such as healthcare directives and beneficiary designations ensure the overall estate plan remains coherent. Ongoing support helps trustees fulfill their duties and keeps the trust aligned with the family’s long-term intentions.
A special needs trust is a legal arrangement that holds assets for a person with disabilities so those resources can be used to provide supplemental goods and services while maintaining eligibility for public benefits. The trust is drafted so that the trustee has discretionary authority to make distributions that do not count as available income or resources for means-tested programs. This allows the beneficiary to continue receiving government benefits that provide essential health care and income supports while also enjoying improvements in quality of life funded through the trust. Establishing the trust requires precise language and coordination with current benefits, as certain distributions and asset ownership arrangements could affect eligibility. The trustee’s role is to make distributions consistent with the trust terms and the beneficiary’s needs, paying for items such as therapies, transportation, or educational programs that public benefits may not cover. Timely planning and proper document execution are important to ensure the trust functions as intended.
First-party and third-party trusts serve different funding sources and have different implications. A first-party trust is funded with the beneficiary’s own assets, such as a settlement or inheritance, and often includes a repayment provision to reimburse the state for benefits provided during the beneficiary’s lifetime. By contrast, a third-party trust is funded by someone other than the beneficiary, such as a parent, and typically allows unused assets to pass to other family members after the beneficiary’s death without a state payback requirement. Choosing between these types depends on where the funds originate and the family’s goals for distribution after the beneficiary’s passing. We help families weigh the trade-offs, consider pooled trust options when appropriate, and draft documents that reflect the intended outcome while preserving benefit eligibility for the beneficiary.
A pooled trust is managed by a nonprofit organization that maintains separate subaccounts for each beneficiary while pooling administrative functions and investment management. It is often used for first-party funds or when the family prefers not to appoint a private trustee. Benefits include professional administration and potentially lower costs, along with flexible distribution practices governed by the nonprofit’s rules. Families should review the nonprofit’s terms and fees, as they vary among providers and may affect long-term planning decisions. Pooled trusts are appropriate when a nonprofit trustee is preferred or when the amount involved is modest enough that a pooled arrangement offers better administration than a private trust. They can preserve benefits and provide structured oversight, but families should compare pooled trust rules and payback provisions to other trust types before deciding.
Naming a trust as beneficiary of a life insurance policy or retirement account is a common planning technique to ensure proceeds are used in a manner that protects a beneficiary’s benefits. When naming a trust, it is important to confirm the trust language and beneficiary designation align so the assets flow into the trust without causing eligibility issues. For retirement accounts, tax consequences and required minimum distributions should be considered, and sometimes a combination of beneficiary designations and trust provisions is recommended to balance tax and benefits goals. Coordination with the trust drafting process and financial institution requirements is essential. We review beneficiary forms, prepare any necessary trust provisions, and advise on whether a trust designation or alternative strategies best meet your goals while preserving public benefits for the beneficiary.
What happens to the trust assets when the beneficiary dies depends on the type of trust and its terms. Third-party trusts commonly include provisions that allow remaining assets to pass to contingent beneficiaries named by the grantor, such as other family members or charities. First-party trusts often include a payback clause to reimburse the state for public benefits provided during the beneficiary’s lifetime, after which any remaining funds may pass according to trust terms or statutory rules. Clear drafting of successor beneficiary provisions and understanding payback obligations are important to manage expectations and ensure funds are distributed as intended. We help families draft post-death distribution provisions that reflect their wishes while complying with legal requirements for each trust type.
A trustee should be someone who can manage finances responsibly, communicate clearly with family members, and follow the trust’s distribution standards. Options include a trusted family member, a friend, a professional fiduciary, or a nonprofit trustee, depending on the family’s priorities for cost, oversight, and impartiality. Trustee duties typically include recordkeeping, making distributions consistent with the trust, handling investments prudently, and coordinating with benefit programs when necessary. Naming successor trustees ensures continuity if the original trustee cannot serve. Families should consider potential conflicts of interest, the trustee’s availability, and willingness to serve over the long term. Clear instructions in the trust document make administration simpler and reduce the likelihood of disputes among family members.
Funding a special needs trust can involve retitling accounts into the name of the trust, assigning payable-on-death or transfer-on-death designations to the trust, or naming the trust as beneficiary of life insurance or retirement accounts. For certain assets, a general assignment of assets to the trust or a pour-over will that directs assets into a related revocable living trust can be used. Proper funding ensures the trust can provide supplemental support and helps avoid unintended disqualification from public benefits. Completing funding steps often requires coordination with banks, insurance companies, and retirement plan administrators, and may include executing a certification of trust or submitting specific forms. We guide clients through these steps and confirm transfers are completed accurately so the trust receives intended assets and functions as planned.
Establishing a special needs trust should not interfere with your ability to provide current care, and in many cases it enhances your capacity to support a loved one by organizing resources and naming someone to manage funds in the future. Setting up a trust may involve decisions about account ownership and beneficiary designations, but the process is designed to work alongside existing caregiving arrangements. The trust documents can also include guidance for interim care and distribution practices while you remain the primary caregiver. Planning ahead creates a framework for continuity if you become unable to provide care personally. By naming successor trustees and specifying distribution standards, families reduce uncertainty and ensure that supplemental resources continue to support the beneficiary’s needs without interrupting current caregiving arrangements.
Families should review a special needs trust periodically, especially after major life events such as a change in benefits status, a move to a new residence, the death or incapacity of a trustee, or a substantial change in assets. Legal and regulatory changes can also affect how trusts interact with benefit programs, so periodic reviews help ensure the trust remains effective. A review allows updates to trustee appointments, distribution standards, and related estate planning documents such as healthcare directives and powers of attorney. Regular check-ins every few years or after significant changes help maintain alignment with the family’s intentions and the beneficiary’s needs. We recommend scheduling a review whenever circumstances shift, so the plan continues to function as intended and to address any necessary amendments or trust modifications.
A properly drafted special needs trust is designed to preserve eligibility for Medi-Cal and Supplemental Security Income by ensuring that trust assets are not treated as countable resources. The trust must include specific language granting the trustee discretionary authority and must be structured according to statutory and program rules. First-party trusts have particular payback requirements for Medi-Cal, while third-party trusts generally avoid state payback and allow for residual distributions to other beneficiaries after the beneficiary’s death. Coordination with benefit counselors and careful drafting are essential to prevent unintended consequences. We review the beneficiary’s program enrollment and design trust language and administrative practices that align with Medi-Cal and SSI rules to maintain access to these important supports while enabling supplemental distributions from the trust.
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