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Louisiana

State Reporter: Joel Arthur Mendler


Energy Centre, Suite 2200
1100 Poydras Street
New Orleans, La. 70163-2200
(Orleans Parish)
(504)-585-7711 Fax (504)-585-7751
Email: mendler@baldwinhaspel.com
Web site: www.baldwinhaspel.com

Education: Tulane University, BA 1965; Tulane Law School, JD 1968

Current Position: Of Counsel, Sirote & Permutt

Certifications: La. Bar Assn. Specialist in areas of Taxation and Estate and Estate Administration

Memberships: Special Needs Alliance; National Academy of Elder Law Attorneys; Fellow, American College of Trust and Estate Counsel; Birmingham Estate Planning Council

Community Involvement: Shades Valley Sunrise Rotary; Birmingham Jewish Endowment Foundation and Collat Jewish Family Services.

Articles: "Estate Planning for the Mentally and Physically Handicapped," Louisiana Estate Planner, 1981; "Using Trusts for Disabled Clients," 44 La. Bar J. 26 (1996); Special Needs Trusts; Financial Planning for Families with Handicapped Children

Your State's Social Security Region:

Your State's Federal Circuit: 5th

 

General:

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

Are there State-Specific:

Resources: LA Medicaid

Administrative rules: No

Manuals/Standardized Forms: La. Medicaid Manual, Eligibility

Important Case Holdings: No

Pronouncements: No

Fiats: No

Interpretations/Unusual interpretations of the law: Qualification of annuities for Medicaid eligibility

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? Yes, for Long Term Care (LTC) Medicaid.

Does the State have specific statutes or regulations on County medical services and reimbursement of costs? Yes

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: Must report change of financial circumstances

Accounting/Reports/Notices: None

Housing: None

Remainder Beneficiaries: None

 

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, except usual ISM(in kind support and maintenance) rules

Accounting/Reports/Notices: None

Housing: None, except usual ISM rules if trust pays for housing or certain ISM shelter expenses

Remainder Beneficiaries: Disabled individual must be sole beneficiary

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? Yes

 

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: Trust should be purely discretionary or SNT, but not a mandatory or discretionary support trust.  Purpose and distribution provisions important so that assets are not deemed available for medical care provided by Medicaid.

Accounting/Reports/Notices: None

Housing: None

Remainder Beneficiaries: None

 

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

Accounting/Reports/Notices: None

Housing: None

Remainder Beneficiaries: Individual must be sole beneficiary of trust.

 

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: Same as Medicaid

Accounting/Reports/Notices: Same as Medicaid

Remainder Beneficiaries: Same as Medicaid

 

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? Same as Medicaid

 


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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