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Special_Needs_Estate_Planning

MISSISSIPPI

 

State Reporter: Richard A. Courtney, CELA

Frascogna Courtney, PLLC
6360 I-55 North, Suite 150
Jackson, MS 39211
(601)987-3000  Toll Free (866)Elder law
Fax: (601)987-3001
Email: rcourtney@frascourtlaw.com
Site: www.frascourtlaw.com

Education: B.A., Mississippi College, 1975; J.D., University of Mississippi School of Law, 1977.

Current Position: Partner

Certifications: Certified Elder Law Attorney, NAELA.

Memberships: Special Needs Alliance; National Academy of Elder Law Attorneys(NAELA); ABA Probate and Trust Law Section; Alzheimer's Association - Middle Mississippi.

Community Involvement: Adjunct Professor of Law, Mississippi College, School of Law; Frequent speaker to community, disability, and professional groups; Member, Cerebral Palsy Foundation of Mississippi Board of Directors

Articles:

Your State's Social Security Region: Atlanta

Your State's Federal Circuit: Fifth

General:

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

Are there State-Specific:

Resources: No specific Special Needs Planning agencies or resource entities.  There are certain state-specific types of "exempt resources" for Medicaid purposes.

Administrative rules: Yes, Medicaid Eligibility Manual provisions regarding special needs trusts.

Manuals/Standardized Forms:

Important Case Holdings:

Pronouncements: Yes, "Special Needs Trust Guidelines," published by Medicaid Agency.

Fiats:

Interpretations/Unusual interpretations of the law: Yes, State Medicaid agency "counts" in-kind support and maintenance as income for all Medicaid recipients in full; contrary to partial exemption for SSI.

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? No.

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: SSA POMS

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:  No special rules for any of the below.

Distribution terms: 

Accounting/Reports/Notices: 

Housing: 

Remainder Beneficiaries:

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: No special rules for any of the below.

Distribution terms:

Accounting/Reports/Notices:

Housing:

Remainder Beneficiaries: Must have specifically named remainder 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?

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?
Inconsistent across the state.

For both above:
- State Medicaid agency will not approve purchase or maintenance of vehicle, or the purchase or maintenance of housing by snt unless "specially equipped" for physically disabled beneficiary
- Medicaid treats all "in-kind support and maintenance as income to the beneficiary, even for SSI eligible beneficiaries contrary to SSI policy.

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: Distributions must not be made for purposes considered "income" to beneficiary or may disqualify.

Accounting/Reports/Notices:

Housing:

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:

Accounting/Reports/Notices: Annual accounting by February 15th to Medicaid agency required.

Housing:

Remainder Beneficiaries: Must have specifically named remainder beneficiary.

 

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.

Accounting/Reports/Notices: None.

Remainder Beneficiaries: None.

 

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 agency.

 


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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