Legal Question in Medical Malpractice in California
How can I receive a lump sum from a medical malpractice settlement and still receive government's aids?
Asked on 1/22/14, 9:22 pm
1 Answer from Attorneys
Len Tillem
Tillem McNichol & Brown
If you are under sixty-five years of age, it's possible to create a first party special needs trust, commonly referred to as a d4A special needs trust because it's based on 42 U.S.C. �1396p(d)(4)(A). This type of trust must include a requirement to reimburse Medi-Cal after your death for whatever funds it expends on your medical care.
The trust can be executed by a parent or grandparent, if living. Alternatively, a agent under a durable power of attorney can execute the trust, but afterward it would be necessary to petition the court to approve of the agent's acts.
Answered on 2/25/14, 1:01 pm