Trusts and Trustees Act
Guardians for Disabled Adults
Spain, Spain & Varnet P.C. rewrote this section pertaining to health insurance to liberalize the standard for continued coverage for children over the limiting age, typically graduation from college/age 22, on their parents’ medical insurance, if the child has a disability which prevents the child from obtaining gainful employment.
Spain, Spain & Varnet P.C. drafted this new law which permits a guardian, under certain circumstances and with court authorization, to create an estate plan on behalf of and in the name of the ward.
Spain, Spain & Varnet P.C. rewrote this section on trusts for a beneficiary with a disability to include the then new OBRA ’93 federal legislation. That legislation authorizes the creation of a special needs trust funded with assets belonging to an individual under the age of 65 with a disability, as long as the state receives any money remaining in the trust at the individual’s death up to the amount of Medicaid benefits received by the beneficiary. The OBRA ’93 legislation also authorizes certain other trusts and transfers. These provisions are in addition to special needs trusts created with funds from a third party, which trusts do not generally require reimbursement to the state at the beneficiary’s death.