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Year Trust, also known as a ?Legacy Trust? or ?Medicaid Asset Protection Trust,? can be established to protect assets from being spent down on long term care in a nursing home. The assets you place in the Legacy Trust will become exempt from the Medicaid spend down requirements after a 5 year look back period.
In general, the trust pays for essential parts of a person's life, such as education, medical treatment and recreation. Specifically, a special needs trust may help your loved one cover the following types of costs: Medical and dental expenses that Medicaid won't provide.
A Special Needs Trust must have its own Federal Identification Number (also called an Employer Identification Number, EIN, Tax Identification Number, or TIN) to be valid. This unique number means that the Trust is its own entity, and that it does not belong to anyone but itself.
Cons of Special Needs Trusts The trust must be maintained, and yearly management costs can be high. Depending on who manages the fund, there may be a minimum amount required to set up the trust. It may be financially difficult for the settlor to actually establish the trust, depending upon their circumstances.
When you create and fund the trust, you draw up a trust agreement. In this agreement you name a trustee to administer the trust. The beneficiary cannot directly handle assets that have been conveyed into the trust. However, the trustee can use of the trust's assets to address the supplemental needs of the beneficiary.