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​SPECIAL NEEDS TRUSTS
If you are disabled or have a disabled family member, a special needs trust is a must to preserve the benefits that person is already receiving but also it allows for others to contribute to the well-being of the disabled person without them losing their state and federal benefits.

a. The (d)4)(A)Special needs trust
This type of trust is created for the sole benefit of a disabled individual under the age of 65 by the individuals parent, grandparent, legal guardian or the court. If the individual is receiving Medicaid benefits then any amounts remaining in the trust upon the individual’s death will go to Medicaid.

b. The d(4)(C) Pooled Special Needs Trust
This is a trust that is created and managed by a nonprofit organization. This is created for the sole benefit and the SPECIAL NEEDS TRUSTS

If you are disabled or have a disabled family member, a special needs trust is a must to preserve the benefits that person is already receiving but also it allows for others to contribute to the well-being of the disabled person without them losing their state and federal benefits.
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Virginia Wills and Trusts

This is a trust that is created and managed by a nonprofit organization. This is created for the sole benefit and the disabled individual by a parent, grandparent legal guardian, court or individual. Any funds remaining in the trust after the persons death goes to Medicaid.

c. Third party Special Needs Trust
Created with the assets of a person other than the beneficiary with the disability.

The money in this trust does not go to Medicaid upon the death of the individual.

GUARDIANSHIP/CONSERVATORSHIP
This become necessary when your disabled child reaches 18 years of age or your elderly family member has not given you a power of attorney. Our Stafford lawyers can help you establish these and help you be able to continue helping them.

For more information about our Virginia wills and trusts, call us today. We would be happy to help you with your living trust in Virginia.