Legal Question in Wills and Trusts in California

My 55 year old sister is developmentally disabled from birth. She presently is waiting for placement in an ICF vended by Regional Center Orange County in California. She presently has 7000$ in her bank account. Her social worker told be to put all but 1000$ into an ABLE account to protect her funds for her special needs and still qualify for MediCAL. I can not find a banking institution that provides this product. Does a trust need to be set up for such a small amount? If so, are their attorneys that do this. My sister is waiting in a skilled nursing home at present.


Asked on 1/24/17, 7:29 am

1 Answer from Attorneys
Scott Jordan Jordan Law Office

ABLE Accounts are relatively new and not widely available. California does not have an ABLE program set up at this time so, I do not believe you can open an account in California. However, some states, like Oregon, have their programs set up and the law does allow you to have an account in a non-resident state. You should go online at www.oregonablesavings.com for more information.

I don't believe a special needs trust is necessary for your sister based on the small amount of money she currently has.

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Answered on 1/26/17, 11:32 am


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