Legal Question in Wills and Trusts in New York

Care for aunt(mental retardation) - her parents deceased- need SPECIAL NEEDS TRU

My aunt is 47 years old. She is a very high functioning mental retardation woman and is also on dialysis three times a week in which she travels to. Her kidney failure calls for a specific diet and her conditions call for many meds. She has been in the medicaid system since the 1970's. Her parents are deceased and her brother - my father-was awarded the trustee of her SSD check. He used her check for many years for purposes other than what the check was intended for and we eventually fought and won her check to come to her. My aunt currently lives with her brother in their home on the first floor and pays rent and cares for all her own needs finacially and physically. In order to avoid a $222.00 Medicaid spendown I need to set up a special needs trust fund. She is currently in the process of signing me to her health care proxy. We cannot afford large fees and she needs her check to live. Can you direct me on how I CAN SET HER UP WITH A SPECIAL NEEDS TRUST FUND. I was told that due to the fact her parents are deceased she will have a hard time and a high cost in setting this up. But I was also told that once I am assigned as her health care proxy I should not have an issue doing this for her.


Asked on 7/30/05, 8:48 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Care for aunt(mental retardation) - her parents deceased- need SPECIAL NEEDS

It is bets to have an attorney draft the documents. Under these circumstances, I would be happy to draft the special needs trust for $50.00. I did something similar for my high-functioning brother-in-law.

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Answered on 8/01/05, 4:15 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Care for aunt(mental retardation) - her parents deceased- need SPECIAL NEEDS

If she has sufficient capacity to name you her Health Care Proxy, she could also name you as Power of Attorney to handle her financial affairs. Simple forms can be obtained at stores like Staples, Office Max which are usually sufficient. They might have forms of Special Needs Trusts also. Should run about $20 for eah form. I can do the documents (POA and SNT), but they would run about $75.00 each.

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Answered on 7/31/05, 3:32 pm


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