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Providing for the Future For producer use only. Not for presentation to the public. OLA 1381 0110

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providing for the future

Providingfor the Future

For producer use only. Not for presentation to the public.

OLA 1381 0110

slide2
This material was not intended or written to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. This material was written to support the promotion or marketing of the products, services, and/or concepts addressed in this material. Anyone to whom this material is promoted, marketed, or recommended should consult with and rely solely on their own independent advisors regarding their particular situation and the concepts presented here.

For producer use only. Not for presentation to the public.

what is a special needs trust
What Is a Special Needs Trust?
  • A federally recognized “safe harbor” trust for persons with disabilities
  • Primary purpose of any special needs trust (SNT) is to improve the overall quality of life of a person with a disability
    • The trust works by allowing a person with a disability to have additional funds available for future care without losing essential public benefits like Supplemental Security Income (SSI) and Medicaid
    • Parents may also use to express desires for the lifetime care and advocacy of their child with a disability through Letter of Intent

For producer use only. Not for presentation to the public.

what is a special needs trust continued
What Is a Special Needs Trust? (continued)
  • There are two primary types of SNTs—Individual and Pooled
    • Individual SNTs are held by a corporate trustee or private trustee
    • Pooled SNTs are held by a non-profit organization
  • SNTs can also be further classified:
    • Third Party SNTs are funded with assets from someone other than the person with a disability
    • Self Settled (or First Party) SNTs are funded with the disabled person’s own assets
  • This presentation describes the use of Third Party SNTs

For producer use only. Not for presentation to the public.

how special needs trust operate
How Special Needs Trust Operate
  • Trust can pay for many goods and services like automobile, caregivers, travel, or home
  • Paying for certain expenses may reduce beneficiary’s SSI monthly check:
    • food, gas, electricity, water, sewer, heating fuel, garbage removal, real estate taxes, rent or mortgage.
  • Paying for medical services covered by Medicaid may eliminate eligibility for that program
  • Trustee performs a balancing act between
    • distributions that do not violate SSI or Medicaid’s rules and
    • providing goods and services that improve beneficiary’s life

For producer use only. Not for presentation to the public.

growing demand for special needs trusts
Growing Demand for Special Needs Trusts
  • 2000 census data showed that 20.9 million families (or 2 out of 7) in the U.S. included at least one person with a disability1
  • 13.8% of school-age children were served in federally supported programs for disabled in 2004–20052
  • Approximately 5.3 million Americans have a permanent disability as a result of traumatic brain injury3

1 Census data http://www.census.gov/prod/2005pubs/scensr-23.pdf

2National Center for Education Statistics, Digest of Education Statistics, 2005.

3 Centers for Disease Control and Prevention, Department of Health and Human Services, May 2007.

For producer use only. Not for presentation to the public.

growing demand for special needs trusts continued
Growing Demand for Special Needs Trusts (continued)
  • “About 7.5 million persons received benefits based on disability” in the U.S.4
  • An estimated 9.4 million children in the U.S. have special health care needs5

4 “SSI Annual Statistical Supplement, 2006,” Social Security Online, June 2007.

5 Health Resources and Services Administration, Maternal and Child Health Bureau.

The National Survey of Children with Special Health Care Needs Chartbook, 2001.

For producer use only. Not for presentation to the public.

why careful planning is important
Why Careful Planning Is Important
  • Recent advances in medical care have dramatically increased the life expectancies of persons with disabilities meaning a much more structured approach to planning for lifetime needs is required
    • Persons with disabilities eligible for SSI or Medicaid are unable to work to earn money
    • Medicaid is often the only health insurance coverage available to a person with a disability
    • Private pay for health care can quickly reduce even very large estates to zero

For producer use only. Not for presentation to the public.

why careful planning is important continued
Why Careful Planning is Important (continued)
  • SSI and Medicaid are available to provide for subsistence-level food, shelter, medical and attendant care needs, but not more
    • Lifetime financial planning for a person with a disability is essential to provide those extra things that make life worth living
    • A Third Party SNT is the only way to leave assets to a person with a disability to pay for those “extras” without jeopardizing SSI and Medicaid

For producer use only. Not for presentation to the public.

what ssi provides
What SSI Provides
  • SSI provides a modest monthly cash grant for food and shelter to disabled, blind, or aged (65 or older) persons
    • In 2008, the SSI federal government maximum payment is $637 a month for an individual
    • Some states supplement this amount. For example, California provides a supplement of $233 a month to the payment.
    • Eligibility for even $1 of SSI (in most States) means automatic eligibility for Medicaid

For producer use only. Not for presentation to the public.

what medicaid provides
What Medicaid Provides*
  • Comprehensive health insurance
  • Attendant services
  • Dental coverage
  • Day rehabilitation programs
  • Group homes
  • Skilled nursing facilities (possibly costing thousands of dollars a month)

*Programs are state specific; please contact your state Medicaid provider for more details.

For producer use only. Not for presentation to the public.

public benefit eligibility requirements
Public Benefit Eligibility Requirements
  • Assets over $2,000 in the SSI or Medicaid recipient’s name disqualify person with a disability from SSI or Medicaid
  • Income of around $940 a month will generally disqualify a person with a disability from receiving SSI or Medicaid
  • Family members often subsidize additional costs however payment of cash directly to the benefits recipient will reduce SSI payment dollar for dollar after the first $20
  • Third parties paying directly for benefit recipient’s food, shelter or medical care covered by Medicaid will reduce or eliminate public benefits eligibility

For producer use only. Not for presentation to the public.

planning for a person with a disability s life time care
Planning for a Person With a Disability’s Life Time Care
  • The best planning will assemble a team consisting of a special needs planning attorney, financial advisor, insurance professional, and professional care giver to develop a plan for lifetime care
    • Understand costs associated with specific disability
    • Understand availability of public benefits
    • Understand life expectancy of person with a disability
    • Develop plan for funding the lifetime care

For producer use only. Not for presentation to the public.

establishing the special needs trust
Establishing the Special Needs Trust
  • Complex laws govern trusts
  • Laws vary from state to state
  • Work with experienced special needs planning attorney to preserve government benefit eligibility

For producer use only. Not for presentation to the public.

establishing the trust continued
Establishing the Trust (continued)
  • A Third Party Special Needs Trust is usually established as part of a parents’ estate plan in their will or revocable living trust
  • Third Party Special Needs Trust must:
    • not be funded with assets owned by personwith disability
    • be managed by trustee other than person with disability
    • pay third parties directly for goods and services

For producer use only. Not for presentation to the public.

establishing the trust continued16
Establishing the Trust (continued)

The SNT also must not allow the beneficiary:

  • the authority to revoke the trust; or
  • to direct the use of trust assets for his or her support and maintenance

The SNT may also:

  • provide Letter of Intent
  • determine who should receive remainder of trust on beneficiary’s death
  • include choices for successor trustees

For producer use only. Not for presentation to the public.

funding a special needs trust
Funding a Special Needs Trust
  • Cash
  • Stock
  • Personal property
  • Real estate
  • Life insurance. Life insurance is an excellent and most popular way to fund a Third Party SNT.

For producer use only. Not for presentation to the public.

owning life insurance
Owning Life Insurance

An ideal way to provide for a special needs child

or a dependent adult because death benefit is:

  • federal income tax–free
  • immediately available
  • usually received without having to go through probate

For producer use only. Not for presentation to the public.

avoiding common mistakes
Avoiding Common Mistakes
  • Failing to plan for child with a disability’s inheritance by doing nothing or improperly leaving money directly to child with a disability
  • Leaving assets to a sibling with a request to take care of their brother or sister with a disability
  • Placing money in a Uniform Transfer to Minors Account
  • Choosing the wrong trustee for the SNT

For producer use only. Not for presentation to the public.

example the smith family
Example: The Smith Family
  • Jim and Jane Smith are both 54
  • 13-year-old son, Mike, has Down syndrome
  • Want to ensure Mike continues to receive government services while being able to pay for supplemental needs

For producer use only. Not for presentation to the public.

example the smith family continued
Example: The Smith Family (continued)
  • Smiths’ consult with their financial advisor, insurance professional, and attorney experienced in special needs planning
  • Jim and Jane create Third Party Special Needs Trust

For producer use only. Not for presentation to the public.

example the smith family continued22
Example: The Smith Family (continued)

Smiths’ financial advisor and insurance professional:

  • Examine Smiths’ Letter of Intent
  • Perform detailed financial analysis based on future cost of supplementary items
  • Explore available resources to fund trust now and in future

For producer use only. Not for presentation to the public.

example the smith family continued23
Example: The Smith Family (continued)
  • One option: funding trust with life insurance
  • Only life insurance provides instant liquidity in event of caregiver’s death

For producer use only. Not for presentation to the public.

special needs trust the smith family
Special Needs Trust – The Smith Family

How does it work?

Annual giftsto Trust

Distributions for care

GrantorsJim & Jane

Disabled Loved OneMike

Premiums paidfor policy on lifeof grantor

At death,proceeds paidto the trust

Eligibility for governmentbenefits maintained

SSI & Medicaid

For producer use only. Not for presentation to the public.

remembering other family members
Remembering Other Family Members
  • Don’t forget other family members who may share in care of disabled person
  • Siblings should be considered in parents’ overall estate planning
  • Relative as trustee should be compensated for work

For producer use only. Not for presentation to the public.

achieving important goals
Achieving Important Goals
  • A Special Needs Trust can help clients with disabled family members achieve vital estate planning and financial goals
  • Proper planning allows disabled person to enjoy comfortable lifestyle while preserving governmental program eligibility

For producer use only. Not for presentation to the public.

transability sm special needs trusts strategy center
TransAbilitySM: Special Needs Trusts Strategy Center
  • Unique strategic alliance with Knights Administration
    • a leading national third-party trust administration company
    • provides secure, automated administrative support systems
  • Planning for individual or pooled special needs trusts
  • Industry-leading resources and expertise to provide comprehensive support
  • Access to resources and services
    • network of providers
    • case referral
    • placement

For producer use only. Not for presentation to the public.

transability web site
TransAbility Web site

www.transamerica.com/specialneeds

For producer use only. Not for presentation to the public.

transamerica resources
Transamerica Resources

Producer Materials

Consumer Brochure

www.transamerica.com/legacy

Consumer Presentation

For producer use only. Not for presentation to the public.

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Transamerica Life Insurance Company, Transamerica Financial Life Insurance Company (collectively “Transamerica”), and their representatives do not give tax or legal advice. This material is provided for informational purposes only and should not be construed as tax or legal advice. Clients and other interested parties must be urged to consult with and rely solely upon their own independent advisors regarding their particular situation and the concepts presented here.

Discussions of the various planning strategies and issues are based on our understanding of the applicable federal laws in effect at the time of publication. However, these laws are subject to interpretation and change, and there is no guarantee that the relevant authorities will accept Transamerica’s interpretations. Additionally, this material does not consider the impact of applicable state laws upon clients and prospects.

Although care is taken in preparing this material and presenting it accurately, Transamerica disclaims any express or implied warranty as to the accuracy of any material contained herein and any liability with respect to it. This information is current as of January 2010.

Life insurance products issued by Transamerica Life Insurance Company, Cedar Rapids, IA 52499 or Transamerica Financial Life Insurance Company, Purchase, NY 10577. All products may not be available in all jurisdictions. Transamerica Financial Life Insurance Company is authorized to conduct business in New York. Transamerica Life Insurance Company is authorized to conduct business in all other states.

For producer use only. Not for presentation to the public.

providing for the future31

Providingfor the Future

For producer use only. Not for presentation to the public.

OLA 1381 0110