Special Needs Planning Attorney

Morgan & Associates Attorneys at Law

Free Case Review

Let us review your Will or Trust.

Speak To An Attorney Now: 801-874-5644

In-Home Visit

We'll come to you. We offer free in-home meetings.

Speak To An Attorney Now: 801-874-5644

Probate

Call for help with the estate of a loved one who has recently passed away

Speak To An Attorney Now: 801-874-5644

Click Here To Learn More

Medicaid & More

Call us for help protecting your loved ones with special needs

Speak To An Attorney Now: 801-874-5644

Click Here To Learn More

 

 

Special Needs Planning Attorney

Special Needs Planning For Utah Residents


For the parent of a child with special needs, there is often a lot of uncertainty regarding what will happen after the primary caregiver is no longer able to provide car. A Utah Special Need Trust Plan  can take the worry out of the future and replace it with confidence that loved ones will be provided for. We recognize that every client has unique needs; we will work with each client to create a customized plan specific to them.

What Benefit Programs Are Available For My Child?

The two major governmental programs for adults with disabilities are Supplemental Social Income (SSI) and Utah Medicaid. SSI is a federal program that provides a monthly income (usually in the ballpark of $750) to adults with disabilities who have not worked enough to qualify for Social Security. Utah Medicaid is a State agency that provides medical insurance to those who meet the income and asset requirements. If a person qualifies for SSI they will automatically qualify for Utah Medicaid. However, a person may qualify for Utah Medicaid but not SSI.

Both programs limit a person’s assets to $2,000 (subject to some really cool exceptions, so please read on!). Before the age of 18 the government bases eligibility on the parent’s assets, after age 18 only the adult with disability’s assets are taken into consideration.

A Utah Special Needs Trust Plan Can Help

Problems arise if a parent tries to leave money for a child with special needs. An outright inheritance often pushes a child’s assets over the $2,000 asset limit resulting in a loss of benefits until all of the surplus funds are spent down. A Utah Special Needs Trust can help a person with special needs keep government benefits without having to waste donated funds. The trust works by assigning a trustee to keep the funds for the child’s benefit without actually giving the child direct access to the funds. If the proper procedure is followed, the government will not include funds left in trust in the beneficiary child’s personal assets. Because the child never technically receives the funds, the parent or other trustmaker can decide who gets the remaining funds should the child with special needs pass away before all of the money in the trust is spent.

There are strict rules governing Utah Special Needs Trusts, the most important is that trust funds cannot be used to pay for food or shelter. Additionally, the trust cannot accept funds from the beneficiary and cannot give funds directly to the beneficiary. For example, if the beneficiary wanted a new television, the Trustee would have to purchase the television and deliver it to the beneficiary rather than give the beneficiary the funds to purchase the item directly. Failure to follow these rules can result in the trust funds being deemed part of the beneficiary’s asset total.

A Utah ABLE Account Adds Flexibility

A UTAH ABLE ACCOUNT can bypass some of the strict rules governing a Utah Special Needs Trust. An ABLE ACCOUNT is an account specifically allowed by the federal government to hold up $100,000 totally exempt from the $2,000 asset limit imposed by SSI and Utah Medicaid. In order to qualify for a Utah ABLE Account, the account holder must have a qualifying disability under the Social Security Administration guidelines. The disability must have begun prior to the age of 26. The ABLE Account is free to set up and very inexpensive to maintain (under $50 per year).

Funds in an ABLE Account belong to the child with special needs. The account can receive up to $15,000 annually. So long as the funds are used for goods or services related to the account holder’s disability they are not included in the $2,000 asset total. Importantly, a Utah ABLE Account can be used to pay for things a Utah Special Needs Trust cannot such as housing costs. The only catch is that when the account holder dies, the government gets access to the remaining funds in the account.

A UTAH SPECIAL NEEDS TRUST can contribute to a Utah ABLE ACCOUNT without triggering any penalty. In the ideal scenario, the Utah Special Needs Trust holds the bulk of the funds and distributes only what is needed into the ABLE Account. This means that the plan will provide all of the flexibility of the ABLE Account, especially being able to pay for housing and other costs a Utah Special Needs is forbidden to cover, but will also benefit from the Utah Special Needs Trust keeping the remaining funds out of Government hands after a Utah Special Needs Trust beneficiary dies.

Special Needs Planning Should Include a Long Term Care Plan

In addition to the legal documents required, a Special Needs Trust Plan should include a long term care plan. A long term care plan will help ensure the person(s) who inherit responsibility for your child with special needs will be prepared to help him/her grow and develop safely and securely. This plan should include detailed information on the beneficiary’s dietary, medical, social, religious, transportation, athletic and other needs. Proper planning can ease pain and uncertainty for those with special needs at the passing or incapacity of a parent.

Learn More About Special Needs Planning Today: 801-874-5644. 

 

 

Gillian Wain
Gillian Wain
22:34 29 May 20
Chris Morgan was very professional and worked quickly. ... Very happy with his work.read more
Karen Watts
Karen Watts
17:58 29 May 20
We were very happy with the way Chris treated us and his... experience in doing our wills. He was excellent to work with and very cordial and answered all our questions and willing to help us in other matters.read more
Derrilee Thomas
Derrilee Thomas
23:19 28 May 20
CHRIS offered, for free, for the month of May, the writing... up of a Will. Most things aren't really for "Free" but it really was! Chris did the Will for us and it was fast and convient. He simply did it as a service. He didn't try to add on anything that would be an additional cost. I really appreciated him giving of his time to help me and my husband out. Thank you Morgan & Associates!read more
Peggy Shepherd
Peggy Shepherd
17:13 27 May 20
We were impressed with the quality and quick response and... the friendliness of both associates upon our first and only visit.read more
Amy Omer
Amy Omer
21:16 26 May 20
We had a great experience with Chris Morgan. He walked us... through our options with a will/trust and educated us about special needs trusts for our son. He was generous and helpful and it didn’t feel like he was trying to sell us more than we needed. We recommend this office!read more
Thomas Omer
Thomas Omer
18:58 26 May 20
My wife and I have always meant to get a will, and just... have never done it. I’m happy we finally got it done with Chris Morgan’s help! He was very knowledgeable and helpful, while being respectful of our time and interests. He has a great little office on Main Street in Lehi, and even took the time to disinfect between visits. We have an autistic son, so he took time to explain all about special needs trusts, but he didn’t try to push us into buying more than what we needed at the moment (which was just the will).Anyway, we’re very happy with Chris, and highly recommend his services!read more
Cecilia Salvesen
Cecilia Salvesen
01:14 24 May 20
Chris has been a pleasure to deal with. He is profession as... well as relaxed with a good sense of humor. It was a pleasure dealing with Chris and Associates.read more
Jill Hickman
Jill Hickman
21:19 10 Apr 20
Chris Morgan is great and we loved the efficiency! Me and... my husband have been talking about getting our wills done for years! Yes, probably for about 10 years or more because we have kids. We never wanted something happen to us and leave our kids parent-less! So I knew it was going to be happening this year since I put in my calendar as a "to do" item. However, January is our good intentions month and I did not follow through! I kept on putting that item to a later, more convenient time. The convenient later time never seems to come. Then the COVID-19 pandemic hit! We all know that this pandemic time is not convenient! After being at home for about a month, I decided that I better just do the will because we never know what to expect with life. I called his office on Wednesday and talked with Chris and set up an appointment, two days later for Friday. We just went in to our appointment and it took us 30 minutes to get mine and my husband's completed notarized will!! I am so ecstatic and feel great that this is finally taken care of! It is such a peace of mind! Chris is personable and professional and knows how to do his trade efficiently and well! Please don't hesitate like I did for years, just go to Chris Morgan and get it done! It will be a peace of mind for you! As a side note, he sanitizes between clients and the room where we signed was big enough to do the 6 feet social distancing. $100 for a personal will x2 for both of us, contained in this nice maroon folder.read more
Gary Thurgood
Gary Thurgood
02:53 17 Mar 20
This was the best experience with an attorney that I’ve... ever had in my life, He went over and above my expectations, I would recommend Morgan and associates to everyone and I will !!!read more
Lee MacGregor
Lee MacGregor
23:01 03 Mar 20
I am Extremely Impressed for the hospitality and well... manner, I was well informed after the call I made to Morgan & Associates, Not to mention that I called five other Lawyers and no one had the time to talk about to me. I was again IMPRESSED!!!! Not the normal Lawyerread more
Blake Ross
Blake Ross
00:08 29 Feb 20
We love Chris Morgan! He is very knowledgeable about Utah... law and was a great help with setting up our trust as well as my parents trust. He is very easy to talk to and he makes it very comfortable planning for the future. We highly recommended Morgan and Associates!read more
Mary Taylor
Mary Taylor
18:10 22 Feb 20
Very good information and help with will and trust. ... Learned a lot! Will definitely go back Did not charge for information-packed appointment.read more
Tyler Fenn
Tyler Fenn
19:01 29 Dec 19
Chris Morgan was excellent to work with. A lot goes into a... trust that I don’t understand and Chris helped me understand the nuances of creating and maintaining a trust and living wills for my wife and I. I’d highly recommend him for his knowledge and professionalism.read more
Jenn Fenn
Jenn Fenn
18:55 29 Dec 19
Chris is an excellent attorney. Our experience was the best... we’ve had with an attorney. He reviewed our existing trust and was candid about what was done well and what he could improve for us. His work was quick and he helped us understand everything going into our wills and trust. I highly recommend Chris Morgan.read more
Kathy Stevens
Kathy Stevens
02:21 08 Nov 19
Chris was very helpful and took the time to listen to all... of my concerns. I appreciate all he did for me and my son.read more
Brad Walker
Brad Walker
22:15 11 Oct 19
Chris is very professional and personal in his work. He is... very detailed in his helping our family. We highly recommend him.read more
Steven Sorensen
Steven Sorensen
21:32 10 Sep 19
Chris Morgan is very knowledgeable in Law and also... understands how the real world works. He has a talent to help one understand the process and make you feel comfortable in planning your estate. He really wants the best for his clients. I’m very grateful to have him represent our family trust.read more
Tiffany Hardinger
Tiffany Hardinger
02:18 06 Jul 19
Morgan & Associates is wonderful! They helped us walk... through details of setting up a Trust for my mother and still continue to support us after her passing. Goes the extra mile in all aspects including meeting at our home to finalize documents. Highly recommended!read more
Sami Draper
Sami Draper
04:17 18 Mar 19
Answers the phone on the weekend and is so willing to help... you on their days off. Extremely helpful and friendly.read more
lynn lindstrom
lynn lindstrom
22:45 15 Mar 19
They were kind and helpful explaining every thing helped me... with other things I needed done would use them again no problem excellentread more
Charlotte Stock
Charlotte Stock
17:23 01 Feb 19
Christopher Morgan listens closely and is very... knowledgeable about Utah law concerning estate planning, health care directives, and wills. I was amazed at his ability to give me the help and advice I needed to be completely satisfied and at peace with every document he made for me. He certainly has my vote of confidence. I highly recommend him to everyone. Charlotte Stockread more
Janelle Wakley
Janelle Wakley
22:23 25 Jan 19
Chris was very helpful when my husband and I had questions... about our Medicaid application. He is friendly and professional.read more
Wolfiere Labs
Wolfiere Labs
20:38 25 Jan 19
JoAnna Hall
JoAnna Hall
17:14 21 Dec 18
If you're looking to get your estate planning, trust in... order, Chris is the guy!! He is so thorough and explained everything in terms we understand and knows what he is doing! Very pleasant experience and we HIGHLY recommend him! Thanks Chris!read more
Joe Clements
Joe Clements
19:25 05 Dec 18
We needed help with making a Will and Trust. Chris got us... in quickly and produced our documents at a super affordable cost! Highly recommend!!read more
Ben Tyler
Ben Tyler
05:57 02 Nov 18
My wife and I hired Chris Morgan to help us with our Estate... Planning documents and could not have been more pleased! Chris was responsive to our every need, flexible in his scheduling, patient and clear in educating, sensitive to our interests, and produced a product which far exceeded expectations. But this really didn't surprise me, considering the raving reviews he's received from his clients. With binder of completed documents in hand, my head will rest more comfortably on my pillow tonight. Thank you, Chris, for making our most important priorities your own. We look forward to receiving our first Christmas card :).read more
Bonnie Hill
Bonnie Hill
21:32 31 Jul 18
Chris was really great to work with! On our first meeting... he was very knowledgeable and funny and easy to talk to! He explained things and addressed all our concerns and questions. He made things fun and eased any tensions. He seems honest and fair. The best part is that he was willing to come to our home for the meeting. He was easy to work with schedule wise as well. I would definitely recommend Chrisread more