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