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Monday, August 6, 2012
Disabilities, Personal Injury Settlement, and Trusts
Taking care of such funds can be overwhelming, though, especially if your loved one is now unable to manage the funds on their own.
A disability trust set up after a personal injury settlement is one of the most practical ways to conserve resources from a settlement in order to care for a person's disability over the course of a lifetime. If the disabled person is receiving benefits from state or federal programs such as Supplemental Security Income (SSI) or Medicare, a trust can be a way to provide for the disable person's discretionary needs without planting a large cash asset in their bank account, disqualifying them from social programs.
Besides basic provisions such as shelter and food, trusts can be used to provide for a large number of needs that the disabled person may encounter over the course of their lifetime:
· Physical Accommodation Needs: Trust funds can be used to modify homes or automobiles in order to make them user-friendly.
· Education Needs
· Non-medical companion or attendant services
· Physical Needs: Funds can be used for wheelchairs, glasses, or clothing
· Travel and Entertainment
Trusts are very flexible, but they need to be set up appropriately in order to maximize their potential. The first step is to choose a trust that meets your needs. There are several different types of trusts that can be used to preserve the money from a personal injury settlement or other funds that people may wish to gift to the disabled person.
Each one comes with a certain structure and specific restrictions:
· Supplemental Needs Trust- Set up by a third party, this trust kind of trust is used to assist a disabled person with discretionary needs
· Solo- Benefit/Disability Trust- This type of trust is set up with the personal funds of a disabled person, usually from a personal injury settlement. It can ensure eligibility for Medicaid. The money remaining at the end of a lifetime is usually paid back to the state.
· Pooled Trust-These types of trusts are managed by a nonprofit for disabled individuals and can be set up by the beneficiary or a third-party. At the end of the lifetime, remaining assets are usually used to care for other disabled individuals rather than paid back to the state.
You should talk to your attorney to see if they are familiar with how trusts work. If not, ask for a referral to an attorney specializing in wills and trusts. A familiar attorney will be able to educate you about the different types of trusts available and will help you choose the best kind for your situation.
Trusts can make sure that personal injury settlement funds or other funds that people may want to provide for a disabled person are neither squandered nor consumed by taxes. If your attorney hasn't yet recommended a trust, ask them today or seek the council of another personal injury attorney familiar with how trusts work.
Tuesday, September 6, 2011
Obtaining Legal Protection From your Car Accident Lawyer In Aurora
Crash! You are one of the thousands each day that ends up in a car crash that is not your fault and you are in desperate need of car accident lawyers in Aurora to protect your legal rights. The other driver was clearly intoxicated and you are injured and unable to work. So where do you stand? Well the police will probably prosecute the other driver, but for you to receive compensation you are going to need to start a personal injury lawsuit.
This is not as daunting as it sounds; after all you are injured and need to concentrate on getting your health back and returning to work. Good car accident lawyers will work with you in filling in the necessary forms as well as checking your insurance policy to see what help your motor insurance company will provide you with. Some car insurance policies include help with paying for your legal fees.
Your car accident lawyer will also, with your permission, work with the doctor who is treating you in completing your claim for compensation.
Your doctor will provide details of your injuries, the costs of your medical care and any possible future care you may need, as well as any permanent disability you suffered as a result of the accident. If you do not currently have a long care medical team, your Aurora car accident lawyers can refer you to physicians in your local area. These medical doctors can assist you in preparing the medical information you will require for your personal injury case.If you require an expert to testify at your court hearing your local Aurora car accident lawyers can refer you to suitable renowned experts who can examine you and stand as an expert witness at your court hearing. As your local car accident lawyer has probably worked with these physicians before, there are probably able to negotiate a lower cost for you. The physician is comfortable that your lawyer will probably win your case, plus costs so they are happy to wait for their fees to be paid.
So where do you find your local Aurora car accident lawyer or injury attorney? Well the first thing to do is to ask your friends and family for references to lawyers in Aurora that they might have used for personal injury cases. If this is not possible, then a quick search on the internet will quickly find your car accident lawyers and injury attorneys in your area of Aurora.
Once you have found two or three potential injury attorneys in the Aurora area you need to make appointments to visit each of them. You should go armed with a series of questions about your potential case and see what kind of answers you receive. You should also ask about potential fees and when these need to be paid. A good car accident lawyer will obtain an interim award for you, so that you can pay some of the necessary up-front fees. Your insurance company may also be able to assist. You may be able to claim on your motor accident insurance or on any health insurance you may possess.
So if you have a crash in Aurora you need to quickly find you a car accident lawyer and a personal injury attorney as quickly as possible in order to fight for your just compensation for all of your injuries.