Delaware CarePlan Forms and Information

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Attorney Information

When establishing a Delaware CarePlan special needs trust, we require that beneficiaries engage with an attorney to ensure they have all appropriate legal documents in place to protect them as individuals, as well as their eligibility for means-tested benefits and programs. The attorney will also address estate planning and how the special needs trust will be funded.

We will provide your attorney with our model trust documents for the appropriate trust agreement to be prepared: a first-party or self-settled trust (using the beneficiary’s own funds) or a third-party trust (using funds from parents or any other third party).

Delaware CarePlan urges beneficiaries and their representatives to choose an attorney with expertise in estate planning for people with disabilities and/or elder law, including related tax issues and government benefits, to advise on legal requirements and the effect of placing assets into the special needs trust on the beneficiaries’ eligibility for means-tested public benefits.

For a list of attorneys familiar with Delaware CarePlan and experienced in estate planning and special needs trusts, click here. This list is provided for your information and convenience. You may know of other attorneys with similar expertise.

Other Information

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