Thank your for asking Just Answer,
Does your daughter qualify for or receive any type of government benefits like Medi-Cal?
We were denied Medical once before but my wife just resubmitted everything yesterday. Of course, we don't have an answer yet so we don't know if that may happen or not. We do get some type of a benefit provided by State (I believe) where they pay for some hours each month for personal care (babysitting).
Since you are trying to qualify for a government program you want any money you raise for her (gift or sale of music) to be in a Special Needs Trust. A Special Needs Trust is a very specific trust that can be created by an Elder and Disability Law attorney in your area. This trust is sanctioned under federal law and will allow her to have the money to use for things Medi-Cal does not pay for but the money in the trust is not counted when California looks at yours or her assets or income.
The trust is complicated and you need instruction on the creation and how to use the money in the trust I would highly advise using an attorney to help you. You can find one at www.naela.org. You may also check with your local legal aid office as they often have elder and disability law attorneys that can do this for you for free if you qualify.
So for funds that may already have on their way to us, should we put them into a bank account for her or reject them?
Thanks so much.
That is tricky. I am afraid that if you accept them then you will be required to report them as money you have when applying for Medi-Cal.
If you turn them away can you get them to give them to you later, once you have the trust established?
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