NAMI
National Alliance on Mental Illness
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©2014
 

TENNESSEE

 

State Reporter: Tim Takacs

201 Walton Ferry Rd.
Hendersonville, TN  37075
Phone:  (615) 824-2751
Fax: (615) 824-8772
Email: ttakacs@tn-elderlaw.com
Web site: www.tn-elderlaw.com

Education: Juris Doctor, Vanderbilt, 1980

Current Position: Elder Law Practice of Timothy L. Takacs.

Certifications: Certified as an Elder Law Attorney (CELA).

Memberships: NAELA, Special Needs Alliance.

Community Involvement:  Friends of the Arts and Literature in Sumner

Articles:  "Medicare Secondary Payer Issues," "Fiduciary Practice," "The Life Care Plan"

Your State's Social Security Region: Atlanta

Your State's Federal Circuit: Sixth

General:

Does your State Have a Specific Special Needs Trust Statute or Discretionary Trust Statute? No.

Are there State-Specific:

Resources: No.

Administrative rules: No.

Manuals/Standardized Forms: None.

Important Case Holdings: None.

Pronouncements: None.

Fiats: None.

Interpretations/Unusual interpretations of the law: None.

Does the State run a tab? I.e., does the State track the cost of services to the beneficiary and present a bill if the individual inherits funds or otherwise acquires funds? Not to my knowledge.

Does the State have specific statutes or regulations on County medical services and reimbursement of costs? No.

Have You Seen Creative Uses of Charitable Remainder Trusts and SNT Receptacle Trusts? No.

Do you have a pooled trust in your state? No.

Social Security Rules: 

When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what special rules does your SSA region have on:

Distribution terms: None known.

Accounting/Reports/Notices: None known.

Housing: None known.

Remainder Beneficiaries: None known.

When an individual funds a trust with his or her own funds, using the authority provided under 42 U.S.C 1396p(d)(4)(A), what special rules does your SSA region have on:

Distribution terms: None known.

Accounting/Reports/Notices: None known.

Housing: None known.

Remainder Beneficiaries: Remainder cannot be to "heirs".

Are you aware of specific issues regarding housing (purchase, maintenance, utilities, gifts of housing, rentals) that have raised questions or caused problems with your state agencies or SSA office?  No.

Are you aware of certain types of distributions that are likely to raise questions or cause problems with one of your state agencies or SSA office? No.

 

Medicaid Rules:

When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what Medicaid related considerations are involved?

Distribution terms: None known.

Accounting/Reports/Notices: None known.

Housing: None known.

Remainder Beneficiaries: None known.

When an individual funds a trust with his or her own funds, using the authority provided under 42 U.S.C 1396p(d)(4)(A), what Medicaid related considerations are involved?

Distribution terms: None-support only.

Accounting/Reports/Notices: None known.

Housing: None known.

Remainder Beneficiaries: No known - payback only.

 

Department of Mental Health and Mental Retardation Rules:

When a third party (such as a parent or other individual) funds a trust for another person (the "beneficiary") with the third party’s funds, what requirements does the Department of Mental Health and Mental Retardation have for:

Distribution terms: None known.

Accounting/Reports/Notices: None known.

Remainder Beneficiaries: None known.

 

Are third-party trusts liable for services provided by State Schools or State Hospitals? No.

How does the State Mental health, Mental retardation agency treat self-settled trusts? Not known.

 


State Reporters are not sponsored nor endorsed by NAMI, but have volunteered to provide information. Many of the State Reporters are members of the National Academy of Elder Law Attorneys (NAELA) and the American Bar Association. Several are members of ACTEC (the American College of Trust and Estate Counsel). Many have children and other family members with disabilities. Most have been selected by other attorneys involved with this project, because of their recognized long-term involvement with special needs trusts.

NAMI does not, however, certify all information provided here is accurate. Further, the State Reporters do not certify that information provided by others is accurate. As for the State-specific information, each State Reporter has agreed to provide reasonable updates of information that they believe to be accurate.

Also, there is no coverage here of federal laws, veterans administrations rules, Section 8 housing rules, special education, or special county rules.

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