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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33734
Experience:  Began practicing law in 1992
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Hello JD,My son with various health issues: mental health;

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Hello JD, My son with various health issues: mental health; TBI; lives with me, squanders his money and if it were not for me providing, I don't know what would happen with him. He is 43 years old. He was in love with a young woman who recently died very tragically and is in deep grief. He has begun self medicating. Recently a lawsuit was settled and he will be receiving in the area of 40K. I would hope to maintain his MEDICAID. He is on Medicare as an adult disabled child.


I would like to have some advice as to what I should do so that his Medicaid would be preserved and that he would be cared for when I should not be here.  It is difficult for me, as you might imagine and I feel imprisoned.  This has become so burdensome.   If I should apply for guardianship, I don't feel that I would want to be a guardian.  But then what do I do?  I don't want him to hate me! 

I'll be glad to try and help, is there a specific question you have?
Customer: replied 6 years ago.

Well, yes. After reading the above, what would you recommend I do about the

funds received in order to preserve Medicaid and secondly, what to do with him in general. Sorry that I was rather loquacious.

It sounds like you need to consider a special needs trust for that money. A special needs trust is created so that a disabled person can continue receiving government benefits, but the trust can be used for expenses not covered by insurance. The only disadvantage is that at the death of the disabled person, that money goes to the state.

You need someone to help you draft the trust documents and to go into more detail about it, although this is actually one of the simpler trusts, so look for a lawyer who does trusts and estates work in your area.

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