by Thomas D. Begley, Jr., CELA<\/p>\n
Trusts for disabled individuals who have not reached age 65 and are funded with assets of the disabled person are authorized under OBRA-93.[1]<\/a> The trust is for the benefit of disabled persons. The person must be under 65 at the inception of the trust. While the trust must be established and funded prior to the beneficiary attaining the age of 65, it may continue after 65. If the trust is funded with a structured settlement prior to the beneficiary attaining the age of 65, the trust remains viable even though payments from the annuity are received after age 65.<\/p>\n The trusts must be established by a parent, grandparent, legal guardian, or court.<\/p>\n Transfers to the trust are not subject to the transfer of assets rules. The trust should be drafted so that the resources are unavailable. This means that the trustee must have sole discretion with respect to (more…)<\/span><\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" by Thomas D. Begley, Jr., CELA Trusts for disabled individuals who have not reached age 65 and are funded with assets of the disabled person are authorized under OBRA-93.[1] The trust is for the benefit of disabled persons. The person…<\/span><\/p>\n