LibGuides: Mental Health Law: Selected Issues: Special Needs Trusts

Introduction

When 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 to use proper language in drafting the document. Therefore, you should contact an attorney for help.

Books at the Law Library

Special Needs Trust Handbook by Thomas Begley, Jr.
Call Number: KF 480 .S64

Publication Date: 2021
Special Needs Trusts: Protect your Child's Financial Future by Kevin Urbatsch
Call Number: KF 480 E435

Publication Date: 2017

Current version at https://lawlibrary.franklincountyohio.gov/. Underneath the For Public heading, click on Self-Help Legal Resources. Type in shown username and password. Search for the desired book at the Legal Information Reference Center.

Ohio Revised Code

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.

Ohio Administrative Code

Oh. Admin. Code Sec. 5160:1-3-05.2
Medicaid: trusts
Oh. Admin. Code Sec. 5160:1-6-06.2
Medicaid: treatment of transfers involving a trust.

Local Rules

Franklin County Probate Court Local Rule 78.10
Special needs trusts and medicaid trusts

Forms

Establish a third-party discretionary Master Trust
From Community Fund Management Associaton

Mental Health Law: Selected Issues: Special Needs Trusts