Special Needs Trust for the Disabled and Elderly

The primary purposes of a Special Needs Trust (“SNT”) for a disabled person is to prevent the waste of assets and to provide the proper care of those assets. The public benefits of Social Security Income and state-paid medical care are provided on a needs basis to those who cannot earn income for themselves due to a disability. Money distributed directly to a disabled person reduces these public benefits on a dollar for dollar basis. A properly prepared and administered SNT is a legitimate and valid tool under Social Security rules and laws.Protect payment of medical expenses (Medi-Cal) Medi-Cal is California’s version of the federally funded Medicaid program. The program provides medical benefits for the medically needy. No qualification for Medi-Cal is required for the disabled receiving Social Security Income. If income is less than Medi-Cal limits, Medi-Cal services are available at no cost. Typically the only source of income to the disabled is SSI. SSI income received by the disabled is less than Medi-Cal limits. So a disabled person receiving SSI also receives free medical care under the Medi-Cal program.Income in excess of Medi-Cal income limits require share of cost (SOC) of medical expense. One goal of special needs trust is to provide benefits to the disabled without those benefits being counted as income. So no cash disbursements can be made to the disabled in order to preserve free medical care.Protect receipt of social security income (SSI) SSI is intended to provide funds for food, clothing, and shelter for the aged (over age 65), disabled, or blind recipient. An individual receives less than $1,000 per month. Any money received by an SSI beneficiary is considered income to the beneficiary, and reduces SSI benefits on a dollar-for-dollar basis. Payments made to third parties for food or shelter is considered payment in-kind and results in about 33 cents loss or reduction of SSI benefits for each dollar spent.Payments to third parties for goods and services that are not food or shelter will not result in any reduction of SSI benefit. These payments are key to improving the quality of life of a disabled person. Examples of permissible expenditures are:• purchase of a home, telephone, TV cable, dental expenses, eye glasses, transportation expenses (including purchase of vehicle, maintenance, gasoline), furniture, movies and vacations.The trustee of a special needs trust must be aware of the fine distinction between non-food and shelter items. The devil can be in the details. A movie is a permissible expenditure, but popcorn bought for the movie is not. Thanksgiving dinner is an exception to the food prohibition as is discarded food. The discarded food is an example of how much attention has been made on this matter.In addition to managing the assets of the trust, a trustee can provide a connection to the community and prevent isolation. Public charities authorized to act as trustee can provide community support and make appropriate expenditures. Theses trustees also address a major concern of parents, “what will happen to our disabled child when we are gone.”These organizations pool the assets of multiple special needs trusts for management, but each individual has a separate trust account. Disbursements are made from the individual accounts They also provide community resources such as help in finding suitable housing, providing medication education, life skills tutoring, social activities and friendship.Two examples of such non-profits are the San Diego Special Needs Trust Foundation, serving San Diego Only, and Proxy Parent Foundation Proxy Parent Foundation, serving all of California. San Diego Special Needs Trust Foundation’s web address is http://www.sntf-sd.org. Proxy Parent Foundation Proxy Parent Foundation’s web address is http://www.proxyparentfoundation.org.There are costs for these services. At one organization there is an enrollment fee of $1,000, an annual administration fee of 1.5% with a $1,500 annual minimum charge and an annual Bank investment fee of 1%. Tax returns, if required, are an additional cost.Requirement of Payback Provision Funding By a Third Party: A special needs trust established by someone other than the recipient of public benefits with assets belonging to someone other than the recipient is not required, in order to avoid the trust assets being considered available resources to the beneficiary, to contain the payback provisions of 42 USCA 1396p(d)(4)(A).Funding By the Disabled: A disabled individual, under age 65, may establish a trust with his or her own assets. This trust must have payback provisions. The provisions require upon death of the disable for the trustee to pay back to the State of California the cost of all state provided medical care.Special Needs Trust for the ElderlyKey Issues: Is it needed as a matter of public policy? The practicality of transferring assets Does it improve the quality of life of the elderly?Social Security Income and Medicaid are for the needy. The concept behind a special needs trust for the elderly is to meet the no asset requirement to receive public benefits by “spending down” or transferring assets out of the elder’s control. A basic moral question to ask is “should a person who can afford medical care receive medical care intended for the poor.” If the answer is no, then a special needs trust should be avoided.Putting aside the morality issue. Just how practical is such a trust. Assets must be transferred out of the elder’s control. Who can be trusted with those assets. What are the gift tax implications in a transfer.Specifically how does one transfer retirement accounts. A change in control of a retirement account is a taxable event and taxed at the prevailing income tax rates. An elder is allowed to retain retirement assets as they are not assets counted to qualify. But the income will flow to the elder and dollar for dollar reduce the public benefits. The elder will also receive social security income with more reduction of public benefits.Finally what are we trying to accomplish here. Mainly it is to have the State of California pay for the cost of residing at a skilled nursing facility. As a rule, most people stay at nursing home for about two years. The sad fact is people just do not live that long after entering a nursing home. Assume the cost of respectable home is $10,000 per month. The savings is $240,000.Nursing homes paid for by the State are not upscale operations. They are bare-bones minimum arrangements to meet the most basic of needs. This is while the children enjoy the assets of their elderly parent.An elder’s quality of life is not improved with this type of living condition. Special needs trust for the elderly just do not make sense due to loss of control, limited benefit and public policy.

Resolving ‘Data File Check in Progress’ Error

Unexpected power outage is the most common reason that can cause corruption to an Outlook data file (.pst file). When this occurs, at next start, you might find Outlook scanning your data file for consistency errors. If it is successful in removing the file errors, Outlook starts as normal otherwise, you might encounter further file access problems. To overcome such problems, you need to employ some special measures to Repair Outlook Inbox.The above description gives a brief overview of some probable issues in Outlook. Here the problem has been more specified by a suitable realistic example. Consider a case when your Outlook is closed improperly. As expected, at next attempt to start Outlook, it gives an error that Outlook data file was not closed properly and so, Outlook is checking it for errors. Consequently, the system slows down. But unlike your expectations, the check doesn’t complete. Each time when you check the right-lower corner of the screen, it shows something like:’Data file check in progress…’ Explanation Outlook is unable to recover from PST file corruption automatically. This can also be the result of a third-party add-in.User Action To check if this is the case of a third-party add-in, start Outlook in Safe Mode and try disabling the add-ins, one at a time. This will help you detect the problematic add-in causing the issue.If disabling add-ins doesn’t resolve your problem, try to repair the corrupted PST using Outlook’s Inbox Repair Tool. This tool is accessible through an associated program file-Scanpst.exe. To run it, locate the file using Windows search option, double-click to open it, browse to the location of your PST file, and then click Repair. This will start the file scan process and prompt you a success message on repairing the file. However, if it cannot repair your file, the last alternatives is to restore from previous backup or run a third-party PST repair utility.A third-party PST file repair software can scan your corrupted PST and Repair Outlook Inbox using safe and effective scanning algorithms. Moreover, these applications are easily to use, even with no prior technical knowledge.Stellar Phoenix Outlook PST Repair is a high-end tool to repair and restore corrupted Outlook PST files created with MS Outlook 2007, 2003, 2002, and 2000. This is a perfect Inbox Repair Tool that can restore all your e-mails, calendars, contacts, journals, etc. in a new PST file.

Purchasing the Best Car Insurance

In the past, car insurance was not a necessity, as some people went for it and some did not. However, today an auto coverage policy is one of the crucial things in your life, if you own a car. People need proper coverage, no matter how luxurious or modest their car is.The way people buy insurance has also changed. In the past, buying a car insurance just meant to meet your neighborhood agent and ask him for it. But now, it is somewhat different, as you have got lots of other options at your disposal from where you can get your vehicle insured, with some entirely new coverage choices.Buying car insurance: Which method to choose?When you want insurance for your car, you might be puzzled as from where you should get it. Should you deal with an insurance agent or should you go online? You can choose among different options for getting your car insurance. This includes:

Buying from captive agents

Buying from independent agents

Buying online
People, who prefer personal services and like to form face-to-face relationships, should certainly purchase their policy from an agent. But, since there are different agents, they need to decide which one is the best for them.Among these, some are called ‘independent agents,’ who sell insurance for numerous companies and some are ‘captive agents,’ who sell insurance for just one firm. Let us see the different features of these agents, so that you can decide easily and quickly the right agent for yourself.1. Buying from captive agentsYou should buy your coverage from a captive agent, if you are dedicated to a specific insurance firm. Since captive agents deal with only one company, they will know all the different insurance options offered by that company. And, thus they can assist you to build the right package based on your needs. However, captive agents may take more time to respond to your questions and to know your needs as compared to independent agents who work for commission.2. Buying from independent agentsYou should buy a policy from an independent agent, if you want to check out the different insurances provided by different companies, as independent agents deal with several companies and not just one particular insurance firm. This way you can get a better rate.And, since independent agents are not directly employed by any one firm, they would not push one specific product and will tell you the right things about all the insurances. Thus, independent agents can aid you to find inexpensive coverage for your car. However, since they work for commission, they are under more pressure to grab a deal as soon as possible.3. Buying onlineThe third option is to skip insurance agents completely and to work directly with the company online. However, for this you have to do most of the work yourself. You have to conduct a thorough research on different coverage providers, what they offer, the rates of their insurance, and what all their policies covers. Then, you can talk to the company, that best fits your needs to procure the coverage itself.Among these, some insurance companies that employ agents do not necessitate you to work with them and a few of them do not employ agents at all. Buying auto insurance online is one of the best options for you if you do not have much time and want to get inexpensive car insurance, as it saves you from paying commission to an insurance agent. If you are not sure about your car insurance needs, then buying car insurance online, without an insurance agent can cause you to buy the wrong, too little, or too much insurance.Select your type of coverageBesides deciding which company to go with, you must also consider which policy you want. There are three main types of policies, including traditional, usage-based, and per-mile car insurance. So, have a look at these three car insurance coverage programs before you settle for one particular car insurance.1. Traditional auto insuranceIn this type of auto insurance, the insurers determine the quotes for the policy with the help of various personal factors, such as your age, driving history, gender, credit score, etc. Generally, the more risk you have as a driver as per these factors, the more high your insurance rates will be. In this, you can opt for a minimum coverage amount as per the state law or else you can select from a long list of different types of auto insurance coverage.2. Usage-based auto insuranceAs opposed to the traditional car insurance, where insurers presume your driving skills depending on a list of different risk factors and your accident history, usage-based car insurance providers offer you car insurance by seeing you in action in real. In this type of car insurance, like Allstate’s Drivewise or Progressive’s Snapshot, you get a telematic device, which you have to plug-in your car. This device records how you drive and your driving behavior, especially your bad driving habits like accelerating or hard braking.So, if the device records that you are a low-risk driver, then you can save your money with usage-based car insurance. However, if it records that you frequently drive late at night or you drive fast, then it would not help you save money with your car insurance. Additionally, many usage-based car insurance programs are not available in each state. Therefore, if you are devoted to one insurance company, then you may have to switch your company, in case you move to a different state.3. Per-mile auto insurancePer-mile auto insurance providers also use a telematic device, but they focus on just one thing, that is how little or how much you use your car. However, this car insurance type is still new and is not available in every state. Among others, Metromile is the best provider of per-mile car insurance and is available in seven states until now, which are California, Illinois, Oregon, Pennsylvania, New Jersey, Washington, and Virginia.Additionally, per-mile providers use the same elements as traditional insurers in determining your car insurance rates, but you can save some money through its telematic device. If you do not use your car much and use it only for emergencies, then your premium may be cut significantly. However, if you normally drive your car, then there are fewer chances of you saving money from it.Shop aroundNo matter how you purchase your insurance, whether you go for a dedicated agent or you directly sign up with a car insurance provider, you must shop around in order to get the best rates. Do some homework and do not just settle for the first deal that comes your way. This is because rates for the same policy can differ from one company to the other by thousands of dollars. Therefore, comparing different car insurance offers is the best possible way to land up a good deal.