Posts Tagged
‘special needs trust’

Closing a Gap in Disability Benefits The Childhood Disability Benefits Fairness Act (H.R. 9846) is a newly introduced bill aimed at addressing an unintended gap in federal benefits for people with disabilities. If passed, the legislation could help protect access to Medicaid for individuals who may otherwise face financial hardship simply because of when they [...]

Your Estate Plan Names the Fiduciary. Your Transition Plan Helps Them Act. Estate planning often focuses on who will act when a client can no longer act for themselves. That question matters. But for clients who name Mission Management & Trust Co. (“Mission Trust”) as successor trustee, agent under a financial power of attorney, personal […]

When a Beneficiary Requests a Trust Distribution What a Corporate Trustee Considers When a beneficiary asks for money from a trust, the request may seem simple. For a corporate trustee, it is a fiduciary decision. The trustee must follow the trust document, honor the settlor’s intent, treat beneficiaries fairly, and protect trust assets for their […]

Shared Stewardship: Planning for Life’s Transitions — Not Just What Happens After Death When families begin planning for the future of a loved one with disabilities or long-term support needs, the conversation often starts with a single question: Who should serve as trustee? No doubt this is an important decision. Trustees carry significant legal and […]

Taxation of Special Needs Trusts Key Planning Considerations for 2026 Administering a special needs trust means more than following the rules. It’s about making thoughtful decisions that balance taxes with long-term benefit protection. Special needs trusts (SNTs) are designed to do something very specific: Preserve assets while protecting access to means-tested benefits. But from a […]

The subject of this article was prompted by a recent list serve request for resources, information or guidance on the impact of personal injury settlements on AHCCCS eligibility, to which I responded as follows: “Determining for which program a claimant is eligible for AHCCCS medical assistance is not a straightforward matter. It depends on whether [...]

April 13, 2023

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by: Bridget O'Brien Swartz

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Categories: Special Needs Planning

Two years ago, new Rule 53 of the Arizona Rules of Probate Procedure (A.R.P.P.) became effective. This author, along with many other probate practitioners, was and remains enthusiastic about the new rule and the alternatives to conservatorship it offers. Rule 53 is not only a rule that should excite the probate practitioner, but also the [...]

February 28, 2023

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by: Bridget O'Brien Swartz

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Categories: Special Needs Planning