NAMI - The National Alliance on Mental Illness

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We will post State Specific Information as it becomes available

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Specific State Requirement Issues

Where the Trust is set up is very important. While federal law preempts state law, state laws are often in conflict with federal law. Then there are state agency regulations that sometimes appear to conflict with state law.  State agency personnel do not always have up to date regulations and, further, often vary in their interpretation of the regulations.  There are also constant proposals for change that are in progress that make compliance a moving target.

This emphasizes the importance of finding an attorney who is very aware of the special rules that apply in his/her State,  SSA, Medicaid and Department of Mental Health region. These rules can impact distribution terms, accounting requirements, required notices, and remainder beneficiary issues.

NAMI is working with private practice estate planning attorneys who have extensive experience in this field to provide clear, credible and useful information about applicable special needs planning laws and rules in each state. These attorneys have volunteered their time and expertise to serve as "State Reporters."