New Case Demonstrates Importance of Special Needs Trusts
October 6th, 2009 by Margolis
New Jersey elder law attorney Donald D. Vanarelli in his blog describes a recently decided case that highlights the need for special needs trusts. Public benefits programs, unfortunately, are limited in what they provide and can force beneficiaries to attempt to jump countless hurdles if they need anything out of the ordinary.
In Pichardo v. N.J. Department of Human Services, Julia Pichardo appealed the state’s decision not to repair or replace her computer which it had previously provided through New Jersey’s Traumatic Brain Injury Fund. The fund has a one computer per lifetime policy.
In this case, the court upholds the state’s policy, meaning that Ms. Pichardo must somehow come up with the funds to repair or replace her computer herself. As Attorney Vanarelli points out, a special needs trust could be a source of such funds — without adminisistrative and court appeals — if Ms. Pichardo had such a trust.
Tags: Donald A. Vanarelli, Special needs planning, special needs trusts