Legal Question in Wills and Trusts in New York

Down Syndrome Child

What kind of Trust could be established for a child with Down Syndrome?

Thank you

--name removed--


Asked on 6/28/01, 8:02 pm

4 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Down Syndrome Child

Many types of trusts can be used for a person requiring care for life.

If the deire is to assure that government assistance will not be jeopardized then a special needs trust should be considered.

The very wealthy can fund a trust for full care of the child for life.

Circumstances lead to a conclusion.

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Answered on 7/02/01, 3:37 pm

Re: Down Syndrome Child

It is called a Special Needs Trust

It is entirely governed by Statute, and if

set up properly, will permit the use

of the money to the hanicapped child without

affecting government entitlements

Hire a lawyer familiar with the concept to

draft the document

Double check the document with the DSS rep

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Answered on 7/03/01, 9:59 pm
Robert Beatson, II Law Offices of Robert Beatson, II

Re: Down Syndrome Child

More facts are needed to properly assess the legal documents needed but it is likely that a special needs trust with income sprinkling provisions should be considered. An experienced trusts/estate planning attorney should be able to handle this type of matter for your family. A signed engagement letter is necessary in order to engage my services as an attorney. If I can be of any help to you or people you know, contact me as I would be pleased to provide tax/legal support. Sincerely, Robert Beatson II, 7-2-2001, 1:05 p.m. EDT

Law Offices of Robert Beatson, II

9818 Glynshire Way

Potomac, MD 20854

Tel/Fax 301-340-2951

email: [email protected]

website: www.beatsonlaw.com

Practice areas: Tax, business law, computer/high tech/biotech law, intellectual property,

trusts/estates/wills.

Licensed to practice law in: DC, MD, VA, and NY.

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Answered on 7/02/01, 1:11 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Down Syndrome Child

A special needs trust can be used to provide for a Downs Syndrome child in New York. These trusts allow the child or adult to have some money without interferring with government benefits, such as Medicaid.

If you are interested in setting up one of these trusts, you can contact me at 845-362-0387.

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Answered on 7/02/01, 2:48 pm


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