Legal Question in Wills and Trusts in Florida

Creating a Special Needs Trust with Medicaid

I want to create a trust fund for someone in which fellow employees can contribute donations without disqualifying her for medicaid. The beneficiary is terminally ill. So far a special needs trust is the closest I have found that would serve that purpose. Since she does not have a parent or grandparent or guardian that can act as trustee, how do I go about getting a ''court ordered'' special needs trust?


Asked on 12/31/03, 1:10 pm

2 Answers from Attorneys
Douglas R. Coenson, Esq.

Re: Creating a Special Needs Trust with Medicaid

You are correct in stating that a special needs trust is potentially the best way of covering this situation. However, you do not need "court orderd" trust. You can set up the trust on your own BUT I highly recommend you use an attorney who works in Medicaid planning. There are many times where a special needs trust is set up incorrectly that it fails to provide protection for purposes of medicaid eligibility.

Should you have further questions or would like to discuss me potentially handling this for you, please contact me via email or phone at (407) 353-4728.

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Answered on 1/01/04, 9:57 pm
Frank J. Pyle Probate Attorney Throughout Florida

Re: Creating a Special Needs Trust with Medicaid

Why would you want to get the court involved? Anyone can set up a special needs trust on their own without court action. The one setting up the trust may appoint himself/herself as trustee, or may appoint someone else. The trust should provide for a successor trustee, as well as provision for disposition of remaining assets upon the beneficiary's death. Please call if I can provide any further information (1-800-771-7124 or 407-872-1965)

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Answered on 12/31/03, 1:57 pm


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