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      - page 11 / 14





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due within 10 days of the month in which the change occurred.

The trustee must respond promptly to any notices received from the Social Security Administration or from Medicaid. If notice is given of a change in benefits that is detrimental to the beneficiary, the beneficiary has 60 days in which to file a written notice of an appeal in order to keep the benefits in place during the appeal process. The trustee cannot ignore or postpone dealing with the government agency.

As with many types of trusts, a co-trustee of Special Needs Trusts may be advisable If the trust holds significant assets, a corporate trustee may be beneficial for long term investment expertise. However, an appropriate a family member can be a co-trustee in order for the day-to- day needs of the beneficiary to be monitored. Trustees of Special Needs Trusts often need ongoing legal representation. To the extent possible, the trustee should stay abreast of changes in the law. I recommend an annual review meeting with the trustee and counsel.



In the United States today, a severe disability brings with it economic peril. A person who suffers from a severe disability must deal with both the critical medical treatment required and the possible loss of economic self-sufficiency. Medical care may be extraordinarily expensive and ongoing. Many disabilities necessitate special housing, transportation and

7 education. While many private charities provide worthwhile services, the cost of caring for persons with serious disabilities is borne primarily by the government. However, maintaining eligibility for government programs often contradicts the efforts of family members to provide support and care for their loved ones.

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