Sorry for the cross-posting, but I thought people on all three lists
might have an interest.
Kendall and Janet Corbett
You give but little when you give of your possessions. It is when you
give of yourself that you truly give.
- Kahlil Gibran, 1883-1931
-----Original Message-----
From: Keith Miller
Sent: Wednesday, September 28, 2005 9:12 AM
To: Suzanne H. Adams; Michelle Armstrong; Pamela H. Frisby; David J.
Heath; Lori Kimbrough; Laura Lea Westlake; Casey T. Wood; Karen L.
Bowyer; Kendall David Corbett; Deborah Kay Fleming; Kenneth Bruce
Heinlein; Terri Sue Longhurst; Keith Miller; Sandra Lee Root-Elledge;
Schaad, Dave
Subject: FW: New 2005 Edition of Special Needs Trust Administration
Manual
FYI
Keith
Keith A. Miller, Ph.D.
Professor, SOWK and Exec. Director, WIND
[log in to unmask] <mailto:[log in to unmask]>
________________________________
From: Stan Klein [mailto:[log in to unmask]]
Sent: Monday, September 26, 2005 2:59 PM
To: Stan Klein
Subject: New 2005 Edition of Special Needs Trust Administration Manual
New 2005 Edition of Special Needs Trust Administration Manual is now
available.
Shortly after the Special Needs Trust Administration Manual: A Guide for
Trustees (People with Disabilities Press, 2004) was published, the
Social Security Administration made three important changes* to the SSI
program rules. These revisions became effective on January 1, 2005.
The Special Needs Trust Administration Manual: A Guide for Trustees.
2005 Edition, including the latest changes in regulations and benefits,
is now available at
http://www.disabilitiesbooks.com/special_needs_trust/index.html
It is a valuable reference guide for anyone who is managing a special
needs trust for a person with disabilities. In an uncomplicated,
user-friendly way, it explains the rules that govern Special Needs
Trusts and how those rules relate to the many complicated government
benefit programs that assist people with disabilities.
The Manual is for laypersons, such as friends and family of a person
with disabilities, and for professionals, including attorneys, financial
planners, and social workers-anyone who is administering (or considering
administering) a Special Needs Trust. It is concise, easy to use, and
packed with helpful information.
In clear, easy to understand language, the authors (all attorneys
experienced in guiding trustees through the complex rules of Special
Needs Trusts) explain how a trustee can use trust funds to meet the
medical, recreation, and transportation needs of a person with
disabilities without risking the benefits of government programs such as
SSI, SSDI, Medicaid, and Section 8 housing. The authors give useful
advice and provide many concrete examples.
The Manual is a practical reference book that answers common questions
such as:
* What are my responsibilities to the disabled beneficiary?
* Can I spend money for a car, trip, or gift?
* Can I buy a house or condominium, and if so, who should own the
property?
* What expenses can I safely pay without risking SSI benefits?
* How do I open a bank account?
* Does the trust need its own taxpayer identification number?
* What happens if I need to resign?
The Manual also explains trustee's bond, fees, record keeping,
accounting requirements, and fiduciary and investment responsibilities.
Although the Manual explains how federal laws and regulations are
applied in Massachusetts, it can be useful throughout the United States.
Massachusetts laws, especially in respect to Medicaid, may differ
significantly from other states' laws. Trustees outside Massachusetts
should work with a local attorney who can guide them through the
standards and practices in their state.
*The changes are:
* Clothing is no longer considered in-kind income. Formerly, if an SSI
recipient received any clothing from a third party (including a Special
Needs Trust), his SSI benefit might be reduced. This is because
clothing (along with food and shelter) was considered in-kind income.
Now the trustee's job should be easier, because she can use trust funds
to pay for the beneficiary's clothes without reducing the SSI benefit.
(However, food and shelter are still considered in-kind income that can
reduce the SSI benefit.)
* The $4,500 limit on the value of an automobile has been eliminated.
Formerly, if an SSI recipient owned an automobile, it had to be worth
$4,500 or less, unless it was specially adapted, required for medical
transportation, or needed because of distance or geography. Now
Social Security disregards the car's value.
* The $2,000 limit on the value of personal items a recipient can own
has been eliminated. Formerly, the value of a recipient's personal
property (such as furniture, computer, jewelry, etc.) could not exceed
$2,000. Now there is no monetary limit on that kind of property. Note,
however, that the new law affects only personal items. SSI's strict
$2,000 limit on liquid resources (cash, bank account, savings bonds,
etc.) remains unchanged.
Besides these important changes, this second edition contains the 2005
figures for all SSI-related examples and calculations. Also, the 2005
figures have been used for all SSI-related programs, including SSDI and
Medicaid.
Reviews of 2004 Edition
"I wanted to let you know how much I appreciated this manual for
trustees. I have been working with families...and I am a mother of a
very involved child...Many parents become trustees, as well as close
relatives and family members. This is a great guide to their
responsibilities as well as providing much needed resources and
information...the language is easy to understand and the legalese is
kept to a minimum. I recommend it to professionals and lay people
alike."
Annette M. Hines, Attorney at Law, Natick, MA
"...a welcome addition to any disabilities library."
The Signal, May, 2005, Brain Injury Association of Florida
"Special Needs Trusts enhance a disabled person's quality of life while
allowing government benefits like Medicaid to continue. But many
trustees of such trusts are laypersons...attorneys often are asked by
clients about to take on the job of trustee, "Is there something I can
read?"
The authors of this manual wrote it so that they could finally answer,
'Yes!'
The authors are five Massachusetts attorneys with extensive experience
in creating and administering Special Needs Trusts...The manual covers
the subject from A to Z, including general trust accounting rules,
descriptions of public benefit programs, and instructions on making
distributions from special needs trusts. Mistakes in this field can be
very costly to the beneficiaries, potentially involving the loss of
important coverage from public benefits programs and the requirement to
pay back past benefits.
Because the authors are Massachusetts attorneys, the book explains how
federal law and regulations are applied in that state. While the book is
of value to readers in any state, the authors note that laws in other
states may differ, particularly with respect to Medicaid, and that local
attorneys should be consulted."
ElderLawAnswers.com, December, 2004
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