Attorneys who work in the areas of special needs trusts and disability planning need a basic foundation in many diverse areas of the law: trusts and estates, guardianship, probate court practice, government benefits, estate, gift, and income taxation, just to name a few. In fact, the landscape is so expansive that in many cases the mark of a good attorney is his ability to identify the issues presented in a given case, admit what he does not know, and then draw from the experience of others who have more specialized knowledge on a given topic. Attorneys who litigate cases for clients with disabilities (physical, cognitive or both) also benefit from this approach, and the earlier that issues which might be considered “ancillary” to the litigation are identified, the more effective special needs trust counsel can be.
Examples of these “ancillary” issues abound. How will a recovery impact government benefits provided to the plaintiff and to other household members? What arrangements are in place in the event a minor plaintiff does not have capacity to manage money upon reaching the age of majority? Is there sufficient liquidity to pay estate taxes in the event of a premature death? Should funds allocated to future medical expenses be set aside to protect the Medicare program’s interests?
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