<p>Not to throw a monkey wrench into the whole “trust” discussion, but I have been advised by one planner of one trust strategy for one situation that does work reasonably well with FA applications.</p>
<p>This would be special needs and medical care trusts. </p>
<p>With the special needs trust money is placed in a irrevocable trust for the needs of a disabled special needs sibling (housing, supervision, medical, etc.) that may not be adequately provided by governmental agencies. It allows the family in effect to dedicate certain assets to the long-term care of a family member. Since the moneys cannot be used for other purposes (support of parent or non-disabled sibling), it is not subject to FA analysis.</p>
<p>Mind you that typically since these trusts are often set up to allow families with some assets to supplement the rather spartan provisions of government disability programs (SSI et al). However, the rules of these governmental programs usually require these trusts to repay the government at the time of death of the beneficiary for governmental services that were paid for the beneficiary. Fairly complicated to explain and not necessarily germain to the subject.</p>
<p>The other trust that is generally not part of the consideration of FA analysis (expcept tangentally - I’ll explain) are injury settlement trusts. Often, lawsuit settlements for severe injury will allow for the creation of a trust to pay for the medical/living support care of an individual significantly harmed in an accident. Since the assets are not in control of the beneficiary and can only be used for a specific purpose not related to education (medical costs and assisted living expenses typically), the benefits are not considered income, nor are the assets owned by the beneficiary.</p>
<p>However, I am told the to the extent reimbursed expenses from these trusts offset any “medical costs” these medical costs cannot be included in the FA paperwork filings (the tangental relationship to FA).</p>
<p>Once again, these are corner cases in the “trusts” issue that serve to isolate certain events and the assets/income that cover these events from unrelated program eligibility. </p>
<p>Other trusts, I agree, are not going to get around FA filing requirements.</p>
<p>Disclaimer: this is not a legal opinion, but that of a financial planner I consulted at a disability event.</p>