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Should an individual with special needs receive a large sum of money, it is often wise to have the individual or his/her fiduciary establish a special needs trust in order to not jeopardize assistance already being received such as Medicaid or SSI. It is critical in establishing a special needs trust to know what type of trust is appropriate and that proper language is used in drafting the document. Therefore you should contact an attorney for help.
Ohio Special Needs and Elder Law Planning by
Call Number: KFO 91 .A34 O38
Publication Date: 2019
Special Needs Trust Handbook by
Call Number: KF 480 .S64
Special Needs Trusts: Protect your Child's Financial Future by
Call Number: KF 480 E435
Publication Date: 2017
Also available from the Franklin County website at https://lawlibrary.franklincountyohio.gov/, under Self-Help Resources.
Oh. Rev. Code Sec. 2111.50
Gives guardian of an incompetent the power to create a living trust.
Oh. Rev. Code Sec. 5163.20
If a medicaid recipient is the beneficiary of a trust created pursuant to section 5815.28 of the Revised Code, then, notwithstanding any contrary provision of this chapter or of a rule adopted under section 5163.02 of the Revised Code, divisions (C) and (D) of that section shall apply in determining the assets or resources of the recipient, the recipient's estate, the settlor, or the settlor's estate and to claims arising under this chapter against the recipient, the recipient's estate, the settlor, or the settlor's estate.
Oh. Rev. Code Sec. 5163.21
Eligibility determinations for cases involving medicaid programs.
Oh. Rev. Code Sec. 5815.28
Supplemental services of living trust for beneficiary with physical or mental disability.
A trust authorized by division (B) of this section that confers discretion upon the trustee shall not be considered resource of the beneficiary under Medicaid or for other reasons.