Revocable (“Living”) Trusts
What’s a Revocable (“Living”) Trust?
A revocable trust, often called a living trust – one created during your life, or even termed a “loving trust” by some (why, I don’t know), is a contract. This contract, signed by you as the grantor (person funding the trust – putting in assets) and you as the trustee (person in charge of the trust).
Elder Law & Medicaid Trusts
Long-term care has changed. It will continue to change too. The question then is whether you’re prepared to either bare the costs, or shelter assets.
Those looking to shelter assets, are up against a clock. Sometimes created by health issues, and other times by the Medicaid system itself, this clock has a 5-year time frame. How do you beat the clock when you don’t have a crystal ball to tell if and when you’ll need to plan? Plan early. Regardless of how well you feel.
Of course, it’s not easy to plan ahead of time. That’s why folks often look for attorneys that focus on “elder law” – a field dealing with the needs of the elderly; personal, financial and health matters. We prefer to encourage early adoption of the mindset that sheltering assets sooner, rather than later, makes a huge difference. It helps the clients, their decision-makers and beneficiaries.
Regardless of whether you’re reactive (dealing with the issues that presented themselves and spurred planning) or proactive (planning before any issues dictate your direction), you, or the client, if we’re dealing with a parent, etc., ultimately need no less than an enhanced Durable Power of Attorney, Health Care Proxy with health care directives and HIPAA language, coupled with some combination of a will and trust, unless a life estate deed is a sound option.
Supplemental Needs Trusts
Life’s uncertain. In other cases, it’s certain that life will involve obstacles. Clients looking to set aside funds for a family-member or friend with needs use third-party Supplemental Needs Trusts (SNTs). An individual eligible to receive assistance create a self-settled (and sometimes court-ordered) SNT.