Special Needs Planning | Miami Elder Care Lawyers

25 May Part Six: What is new in the Social Security Administration’s Approach to Special Needs Planning and Trusts?

Posted at 01:10h in Special Needs Planning, Special Needs Trust

Retroactive Amendment of Trust - Nunc Pro Tunc - Not Likely to be Accepted by SSA. In reviewing an existing special needs trust, the Social Security Administration may determine that the trust fails to comply with one or more SSA rules and regulations. This may occur,...

14 May Part Five: What is new in the Social Security Administration’s Approach to Special Needs Trusts?

Posted at 02:41h in Medicaid, Special Needs Planning, Special Needs Trust

"Savings Clauses" are of No Help Under the POMS. In drafting a special needs trust, many practitioners include a "null and void" or "savings" clause in the document. These clauses operate to cure defects in a trust and preserve the remaining trust provisions. They prevent...

04 Feb Part One: What’s New in the Social Security Administration’s Approach to Special Needs Trusts?

Posted at 18:07h in Elder Law, Special Needs Planning, Special Needs Trust

Part One Establishing a Self-Settled Special Needs Trust Is Easier Said Than Done: A Two-Step Process Under the POMS, the resource counting provisions of Section 1613(e) do not apply to a trust: 1. Which contains the assets of a disabled individual under 65 years of age: 2. Which is established...

20 Dec What is Elder Law?

Posted at 05:59h in Elder Law

Miami Elder law is a specialty of law that addresses the rights of the elderly. It is a broad area of law that encompasses many distinct specialties. National and State Certification exams require an understanding of almost twenty areas of law. Some of these specialties...

Special Needs Planning Tag

25 May Part Six: What is new in the Social Security Administration’s Approach to Special Needs Planning and Trusts?

14 May Part Five: What is new in the Social Security Administration’s Approach to Special Needs Trusts?

04 Feb Part One: What’s New in the Social Security Administration’s Approach to Special Needs Trusts?

20 Dec What is Elder Law?

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