Page 2

Special Needs Trust

Application of the Special Needs Trust for Disabled Minors or Incompetent Persons
By Edmond R. Davis, Browne Greene & Stan Schultz

CTLA, through its lobbying effort, joined with the IBAR Settlement Company and other forces to get legislative and gubernatorial approval of a most important piece of legislation in 1992.  This legislation effectively allows special needs trusts to be established for minors and incompetent persons and thereby allow proceeds of significant settlements to go into a special trust above and beyond the effects of Medi-Cal liens and other entitlement programs.  Now, in the appropriate case, as the attached article describes, settlements can be effected that can help the victim and yet, at the same time, not take away their rights to Medi-Cal benefits and other welfare or entitlement type programs.  One again, the important and clout  of CTLA was manifest in getting this all-important piece of legislation approved and made effective as of January 1, 1983.

<Back | Next>