Legal Question in Medical Malpractice in California

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.