Imagine your loved one losing Medicaid coverage because a trust was drafted incorrectly. 

The right special needs planning attorney helps prevent that, guiding you step by step to preserve benefits and protect assets. In your initial consultation, ask these questions to find the one for you.

1. What is your experience with special needs/SSI/Medicaid cases?

• This question checks whether the attorney knows the strict SSI and Medicaid (MaineCare) income/asset rules and how trusts interact with them. The rules state how money must be held and spent so someone with disabilities won't lose coverage.
• Good special needs guidance includes designing a plan to preserve benefits, getting court/agency approvals when needed, and advising on reporting and administration. If an attorney talks only about drafting a trust, but not approvals or trustee guidance, that might not be enough. 
• Red flags include vague claims or promises without specific examples, steps, or ongoing support. Mistakes can cost benefits or cause long-term problems, so you want an attorney who guides you and works with other lawyers or agencies.

How LWP&E compares: We've gotten MaineCare approvals for special needs trusts and have advised trustees on their reporting duties. For examples, contact us for an appointment. 

2. Do you handle MaineCare/Medicaid applications?

Beyond the paperwork, MaineCare/Medicaid applications decide whether someone gets long-term care coverage and when it starts. If an attorney only drafts estate documents but doesn't help with applications, you might need a different advisor with more specific knowledge of MaineCare rules.

• Green flags: The attorney handles applications, communicates with the agency, and manages appeals.
• Red flags: Only drafting forms without following up with the MaineCare agency. 

The LWP&E difference: I help file MaineCare/Medicaid applications, talk with representatives of the agency when questions arise, and represent clients through appeals; combined with our firm's elder law and special needs experience, that means we handle both the benefits paperwork and the planning needed to protect eligibility. If you're unsure how these rules apply to your situation, we can walk you through your options. 

3. Will a trust really protect my loved one's eligibility for SSI and Medicaid?

When properly drafted and administered, a special needs trust (SNT) preserves SSI and MaineCare by keeping funds out of the beneficiary's countable resources while letting a trustee pay for extra needs.

Key points:

• The trust holds money for the person, not by the person, so those funds aren't counted against the person applying for benefits. It must be the right kind of trust: properly worded, funded, and managed. Mistakes or improper distributions could affect benefits.
• A trustee can pay for supplemental items (therapy, education, recreation, non-covered equipment) and avoid jeopardizing benefits.

How LWP&E lines up: I create the right SNT for the situation and guide trustees so that the trust protects SSI and MaineCare. 

4. How do you write distributions so benefits aren't jeopardized?

Distributions should supplement, not replace, basic needs. To protect benefits, trustees should pay vendors and service providers (not cash), use their discretion, keep clear records, and maintain separate accounts. 

The LWP&E approach: I draft trusts and advise trustees so that distributions are paid and documented properly to protect SSI and MaineCare and help improve the beneficiary's life.

5. How do you choose a trustee (family, a friend, or a professional)?

The trustee makes day-to-day decisions that can affect SSI/MaineCare eligibility. Choosing wisely avoids lost benefits and family conflict.

What matters most: Look for reliable, impartial, and organized trustees, and ask whether the attorney provides guidance and training. 

If you need help choosing a trustee or drafting distributions correctly, contact us for guidance.

6. How does MaineCare handle trust payback or estate recovery in Maine?

You should ask this because families often worry the state will “take the trust back” after a loved one dies.

In Maine, the state must pursue estate recovery for nursing home care costs paid under MaineCare for those age 55 or older. First-party (self-settled) SNTs require a payback clause; third-party trusts usually aren't subject to recovery. Maine also allows limited waivers (for example, caregiver exemptions). 

Bottom line: Properly drafted trusts preserve benefits during life. Knowing which type of trust is best and what happens after death may ease the process.

7. How long will the process take from our first meeting to a funded trust? 

The timeline varies depending on your family's situation and the type of trust. Some factors that affect how long it takes include the funding method and review or approval processes (court/agency).

I guide families step by step to make sure a trust is properly drafted, funded, and set up to protect benefits.

Every family's situation is different. Let's talk about yours and create a plan that preserves benefits and supports your loved one's quality of life. Contact us online or call (207) 377-3966.