How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7406
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
18215332
Type Your Legal Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

Can expenditures from a Special Needs Trust for non-medical

Customer Question

Can expenditures from a Special Needs Trust for non-medical items be counted as income so as to affect Medicaid benefits?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: New Hampshire. Does federal law allow this? We have a 2007 law that makes such a stipulation, however my son's trust was established in 1997 which I think would make this an ex poste facto application.
JA: Has anything been filed or reported?
Customer: Medicaid has requested a listing of expenditures (we are in appeal), but they have also filed an "appearance" which entitles them to receive all future filings.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Legal
Expert:  Irwin Law replied 8 months ago.

Are the expenditures being made for food and /or shelter?

Customer: replied 8 months ago.
no the biggest is for things like satellite for him (and nurses and other care givers to watch) and DVDs. He is quadrapalegic.
Dan
Expert:  Irwin Law replied 8 months ago.

Dan: I don't see a problem. Those are things that the SN trust is designed for. They should not count as income. See the list in this info article: http://specialneedsanswers.com/what-expenses-cant-a-special-needs-trust-pay-for-13247

I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks again for using JUST ANSWER.

Expert:  Irwin Law replied 8 months ago.

Hello again. I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks again for using JUST ANSWER.