You may want to consider the Trusts available to protect your
assets from Medicaid, while still supporting the best interests of your
disabled spouse and/or child.
The Discretionary Spray Trust and the Special Needs Trust
are two options to save your spouse or your child from having to “spend-down”
to meet the available asset guidelines imposed by Medicaid. Essentially, they provide the option to have
funds placed in a trust with an appointed Trustee having the discretion to pay
for non-support items or the Trustee may have sole, absolute & uncontrolled
discretion spending. The choice depends on which trust is best for your needs. This
is a serious option to consider in preventing the loss of hard-earned assets.
If this sounds like something beneficial for your divorce
situation, make sure to use Attorneys that are knowledgeable and experienced to
help with your Estate Planning and Divorce. – Mariani Reck Lane, LLC.