Robert Whitt Attorney

The main purpose of this trust is to protect assets that are placed into the trust in the event that the trust creator should require a nursing home facility in the future. This type of trust must be created five years prior to an application being made for Medicaid benefits in a long-term care facility. This is because when applying for Medicaid benefits for a skilled nursing home there is a lookback of five years from the date of application to make sure no gifting has occu

Special needs trusts were created which are designed to allow assets to be held in this type of trust and not be countable as an asset for the beneficiary of the trust who continues to receive their government benefits and support based upon need.