Hickman Lowder

Estate Planning for Parents of Children with Disabilities: Protecting Your Child’s Future Without Jeopardizing Benefits

2026-07-02T17:14:39Z

Most parents of children with disabilities spend years focused on therapies, medical appointments, school services, and daily support needs. In the midst of all of that, one important question is often left unanswered: What will happen to my child when I am no longer able to care for them? Estate planning for a child with a disability is more nuanced than traditional estate planning. It is not only about deciding who receives your assets after you are gone. It is about creating a long-term plan that provides financial support, protects eligibility for essential government benefits, and ensures that trusted people are in place to help manage care in the future.

Why a Simple Will Is Not Enough

Many families assume that a basic will is sufficient. However, leaving assets directly to a child of any age with a disability can create unintended consequences. Government benefits such as Medicaid, Waiver, and Supplemental Security Income (SSI) are based on financial need. If a person with a disability receives an inheritance outright, even a modest one, they may become financially ineligible for these benefits. This can be especially serious because Medicaid often provides essential health coverage and long-term services such as in-home care, day programs, and residential support. If no planning is in place, additional complications may arise. The probate court may need to appoint a guardian to manage the person’s finances. This process can involve ongoing court supervision, fees, and administrative requirements that could have been avoided with proper planning. Another alternative, disinheriting the child with the disability, can be equally problematic.

The Role of a Special Needs Trust

One of the most important planning tools available is a discretionary trust, commonly referred to as a third-party special needs trust. This type of trust is created and funded by parents or other family members and is designed to benefit a person with a disability without affecting their eligibility for needs-based benefits. When properly drafted, this type of discretionary trust allows assets to be held and managed for the benefit of your child while preserving access to programs like Medicaid and SSI. The trust can be funded with assets such as life insurance proceeds, investments, and real property. You get to decide who receives any remaining funds after your child passes away and there is no obligation to repay Medicaid.

Choosing the Right Trustee

The trustee is the person or entity that is responsible for managing the trust. This role is extremely important. The trustee must understand how to use trust funds to improve the beneficiary’s quality of life without interfering with public benefits. A trustee doesn’t have to do it alone; the trust agreement can allow the trustee to hire professionals such as a care manager, tax preparer, investment advisor, attorney, and property manager to help ensure the trust is properly administered, and the beneficiary’s needs are being met. The trustee may be a family member, trusted friend, attorney, or bank. In some cases, parents choose co-trustees to balance personal knowledge of the beneficiary with financial management experience.

Planning Flexibility

It is never too early to begin planning. The minor or adult child does not need to be receiving government benefits to create a discretionary trust. In fact, the trust can be written to grant the trustee flexibility if the person with the disability is not reliant on needs-based benefits in the future. It is also possible to create a single trust that multiple people, including parents, siblings, grandparents, and anyone other than the person with the disability, designate to receive their assets. This creates a cohesive plan and can reduce the overall expense of estate planning.

A Letter of Intent: Sharing What Matters Most

Many parents also prepare a letter of intent. While it is not a legally binding document, it is an important guide for future caregivers and trustees. It can describe your child’s daily routines, medical history, preferences, strengths, goals, and anything else that helps others provide consistent care.

Planning Is for Every Family

Estate planning is not only for wealthy families. It is essential for anyone who wants to ensure that a loved one with a disability is protected and supported in the future. If you have a child with a disability, now is the time to review your estate plan. With the right combination of a will, beneficiary designations, and a properly drafted trust, you can help ensure your child is protected.

We Can Help

Hickman Lowder has been advising clients on special needs estate planning for decades. Please call our office to schedule a consultation to discuss your estate planning needs. We also offer complimentary seminars such as our “Trustee School” to help educate clients and future trustees on topics like administering first-party and third-party special needs trusts and changes to benefit eligibility.

Hickman Lowder Announces the Retirement of Partner Elena A. Lidrbauch

2026-06-22T17:41:09Z

After many years of dedicated service, Attorney Elena A. Lidrbauch will be retiring from full-time legal practice effective July 4, 2026.

Throughout her distinguished career, Elena has been a trusted advocate, advisor, and leader, helping countless individuals and families navigate complex legal and life transitions. Her commitment to our clients, our community, and the mission of Hickman Lowder has left a lasting impact that will be felt for years to come.

We are pleased to share that Elena will remain affiliated with the firm in an Of Counsel capacity, allowing her to assist with ongoing transitions and continue serving as a valued resource to our attorneys and clients.

As we celebrate Elena's remarkable career and many contributions, we also want to assure you that our commitment to providing exceptional legal services remains unchanged. Our experienced team of attorneys and staff will continue to deliver the compassionate guidance, personalized attention, and trusted counsel that our clients have come to expect.

Please join us in congratulating Elena on this well-earned retirement and thanking her for her years of service and dedication.

Medicaid Planning in Ohio: What Families Should Know Before a Crisis

2026-06-22T17:20:44Z

No one likes to sit down at the dinner table and talk about what happens when a parent or spouse can no longer live independently. It’s uncomfortable, emotional, and easy to push off to "tomorrow." But waiting for a medical crisis to dictate your long-term care strategy is one of the most expensive mistakes an Ohio family can make. When a health emergency happens, life-altering choices must be made in days rather than years. Navigating the maze of long-term care options, private pay structures, and the Ohio Department of Medicaid (ODM) rules under immense pressure is exhausting. Understanding how Medicaid planning works before you need it can protect both your loved one’s care options and your family’s hard-earned savings.

The Ultimate Confusion: Medicare vs. Medicaid

The single most common mistake families make is assuming that the health insurance their parents already have will cover a long-term stay in an assisted living facility or nursing home. Medicare is primarily an acute-care system. If a parent falls and breaks a hip, Medicare covers the hospital stay and up to 100 days of skilled rehabilitative care. But if they need ongoing, long-term help with daily living activities (like bathing, dressing, or moving)—often called custodial care—Medicare stops paying. That is where Medicaid comes in. Medicaid is the primary public program that covers long-term nursing home care and home-based community waivers (like Ohio's PASSPORT program). However, because it is a needs-based program, you must meet strict financial limits set by the state to qualify.

3 Massive Medicaid Myths Debunked

Because Ohio's financial and medical criteria are complex, myths run rampant. Clearing up these misconceptions can save your family from catastrophic out-of-pocket bills. Myth #1: "I can just give my money and house to my kids right before I apply." This is a recipe for a financial emergency. Ohio enforces a strict 5-year look-back period (60 months). When you apply for long-term care benefits, the county Job and Family Services office scrutinizes every bank statement, property sale, and asset transfer over the previous five years to ensure you didn't just give things away to look poor on paper. If they find that you gifted cash to family, sold a vehicle significantly under market value, or transferred a home deed, they will impose a penalty period of ineligibility. The Penalty Reality in Ohio: The state uses a specific "penalty divisor" (the average monthly private pay rate) to calculate your punishment. Currently, Ohio's penalty divisor is $7,787. If you gave away $38,935 within that five-year window, Medicaid will divide that by $7,787 and refuse to pay for your care for exactly five months. The family is then stuck paying the facility privately during a time when those savings are already gone. Myth #2: "The look-back period is seven years." You will frequently hear friends or neighbors insist the look-back rule lasts seven years. Fortunately, this is incorrect. The federal standard applied by Ohio is exactly 5 years (60 months). While it is a long window to plan around, it is not a seven-year sentence. Myth #3: "My income is too high to qualify for Medicaid in Ohio." This is a dangerous assumption. Ohio is an "Income Cap" state. For 2026, the Special Income Level (SIL) limit for an individual is $2,982 per month. However, if your monthly gross income exceeds this amount, you are not automatically disqualified. You simply need to establish a Qualified Income Trust (QIT), often called a Miller Trust. Any income over the limit is deposited into this trust each month to pay for your care, legally allowing you to still qualify for Medicaid benefits.

Key Financial Limits for Ohio Long-Term Care (2026)

To give you an idea of what "needs-based" means, here is a snapshot of Ohio's specific financial guidelines for long-term care Medicaid eligibility.

Metric	Single Applicant	Married Couple (One Spouse Applying)
Countable Asset Limit	$2,000	$2,000 for applicant / Between $32,532 and $162,660 for the non-applicant spouse
Monthly Income Limit	$2,982 / month (QIT required if over)	Only the applicant's income is counted toward the limit
Primary Home Exemption	Exempt up to $752,000 in equity	Fully Exempt if the healthy spouse resides in the home

Why Planning Ahead Matters: The Power of Options

If you start planning before a health crisis hits, you have access to a suite of legal tools in Ohio that disappear once an emergency occurs:

Medicaid Asset Protection Trusts (MAPTs): By placing assets into a properly structured irrevocable trust well ahead of the five-year look-back period, those assets are protected and won’t count toward your $2,000 limit.
Caregiver Agreements: If an adult child is sacrificing their time to care for an aging parent at home, Ohio families can set up formal, documented personal care agreements to legally compensate them, avoiding uncompensated transfer penalties.
Protecting the Healthy Spouse: Ohio law includes built-in safeguards—known as the Community Spouse Resource Allowance (CSRA) and Minimum Monthly Maintenance Needs Allowance (MMMNA)—to prevent a healthy spouse from being left impoverished when their partner enters a facility. Proactive planning helps maximize these protections to keep the healthy spouse financially secure.

The Bottom Line

Medicaid planning isn't about "gaming the system"—it’s about navigating Ohio's dense legal landscape to ensure your loved ones receive high-quality care without wiping out a lifetime of savings. Don't wait for a diagnosis, a bad fall, or a sudden hospital admission to start the conversation. Consult with a qualified Ohio elder law attorney while time is still on your side. Your future self—and your family—will thank you. Concerned about future long-term care costs for yourself or a loved one? The experienced elder law attorneys at Hickman Lowder can help you understand your options and develop a strategy tailored to your family's needs. Contact our office to schedule a consultation.

What families need to know about Ohio STABLE accounts

2026-05-19T19:24:33Z

Adults with disabling medical conditions often face increased overall living expenses and diminished earning potential. Planning carefully can help those with disabling medical conditions and their immediate family members make arrangements for long-term financial stability. Federal statutes allow those with disabling conditions to save and invest. So-called ABLE accounts are known as STABLE accounts in Ohio. These important tools can help people with disabling medical conditions and their close family members plan in advance for future expenses. What do Ohio families need to know about STABLE accounts?

What expenses they help address

Individuals with well-funded STABLE accounts can use those funds for qualified disability expenses. Any costs related to improving a person's health, quality of life or independent living capability may be eligible for STABLE account payments. Many people use funds for their basic housing costs, as well as utility bills and groceries. Funds can also cover medical and dental insurance premiums, as well as actual treatment expenses and medication costs. STABLE funds can cover transportation expenses, tuition, job coaching and other educational or employment-related expenses. STABLE funds can cover costs related to support needs, including service animal expenses, home health aide costs and assistive technology, as well as expenses related to Legal needs or financial management.

How the law expanded eligibility

Restrictions on age affect who can create and fund STABLE accounts. The age of an individual at the onset of their disabling medical condition, rather than when starting the account, is what determines if they are eligible or not. Previously, the law limited STABLE accounts to those with disability onset by the age of 26. The new law that took effect at the beginning of 2026 expands eligibility to individuals who incurred a disabling medical condition by the age of 46.

Accounts affect other benefits

Many people with disabling medical conditions rely on Medicaid to cover their medical expenses and Supplemental Security Income (SSI) for their routine living expenses. The Social Security Administration (SSA) does not consider the first $100,000 used to fund a STABLE account when determining if an individual is eligible for SSI. If the account has more than $100,000, then the SSA may reduce or suspend benefits until the balance is below the legal limit. STABLE accounts have no impact on eligibility for Medicaid, and the funds are usually safe from Medicaid estate recovery efforts after the account owner passes.

Is a trust still necessary?

There is a cap of $20,000 per calendar year that can be deposited in a STABLE account. If an individual with needs based benefits like SSI or Medicaid receives a windfall of money exceeding $20,000, then a first party special needs trust may be required to protect such benefits. Further, the funds in a STABLE account may be subject to a payback to the State of Ohio under Medicaid Estate Recovery laws. For estate planning purposes, a third-party wholly discretionary trust is recommended if a person wishes to leave a loved one with disabilities any assets or inheritance. If STABLE account funding reaches $100,000 or more, diverting a portion of those funds to a trust could be beneficial. In cases where the individual funding the account or their primary guardian might make inappropriate decisions with account resources, securing the oversight of a trustee could be beneficial. Families likely need to plan for the support needs of a loved one with a disabling medical condition. Working with an attorney to maximize the benefits of a STABLE account and possibly create a third-party wholly discretionary trust to dovetail it can provide continual financial support and peace of mind. If you’re considering a STABLE account or want to explore whether a first-party special needs trust or third-party wholly discretionary trust is right for your family, we’re here to help. Contact our team today to discuss your options.

What Is a Special Needs Trust? A Guide to Planning for Individuals with Disabilities

2026-05-01T16:24:32Z

Planning for the future of a loved one with a disability requires thoughtful coordination of legal, financial, and public benefit considerations. One of the most important tools available to families is a special needs trust. In this article, we use the term “special needs trust” broadly to describe a trust established for the benefit of an individual with a disability to protect assets while preserving eligibility for public benefits.

What Is a Trust?

A trust is a legal arrangement in which one person (the Settlor or Grantor) transfers assets to another person or entity (the Trustee) to manage those assets for the benefit of a third person (the Beneficiary). There are many different types of trusts, each designed to achieve specific planning goals depending on a family’s unique circumstances.

Revocable vs. Irrevocable Trusts: What’s the Difference?

As a general overview, trusts fall into two main categories: revocable and irrevocable. A revocable trust is commonly used in foundational estate planning. It allows the Settlor to retain control over the trust assets during their lifetime and can be amended or revoked at any time. Upon the Settlor’s death, the trust becomes irrevocable and the assets are managed or distributed according to its terms. An irrevocable trust, by contrast, generally cannot be modified or terminated once it is established and funded. These trusts are frequently used for tax planning, asset protection, and public benefits planning. Special needs trusts are a type of irrevocable trust specifically designed to benefit individuals with disabilities while protecting eligibility for means-tested government benefits.

What Is a Special Needs Trust?

A special needs trust is an irrevocable trust established for the benefit of an individual with a disability. It provides professional management of assets while helping preserve eligibility for public benefits such as Medicaid and Supplemental Security Income (SSI). Special needs trusts may be funded with:

First-party assets (assets belonging to the individual with a disability), or
Third-party assets (assets that never belonged to the individual)

When properly drafted and carefully administered, these trusts are designed to ensure that trust assets are not counted as available resources for purposes of benefit eligibility.

What Is a Self-Settled (First-Party) Special Needs Trust?

A self-settled special needs trust—also known as a first-party special needs trust—is funded with assets that belong to the individual with a disability. These assets may come from:

Personal injury settlements
Inheritances that were not properly planned
Retroactive Social Security or other lump-sum payments

Federal law allows these trusts to be established by a parent, grandparent, legal guardian, or a court. The trust must be created and funded before the beneficiary reaches age 65. The Trustee must be someone other than the beneficiary and is responsible for managing distributions in a way that preserves benefit eligibility. Medicaid Payback Requirement: Upon the beneficiary’s death, any remaining assets in the trust must first be used to reimburse the state(s) for Medicaid benefits provided during the individual’s lifetime.

What Is a Wholly Discretionary (Third-Party) Special Needs Trust?

A wholly discretionary trust—commonly referred to as a third-party special needs trust—is funded with assets that never belonged to the individual with a disability. These trusts are typically created by parents, grandparents, or other family members as part of their estate planning. In many cases, they are funded upon the death of the person who created the trust, though they can also be funded during life. The Trustee has complete discretion over distributions, which is critical to preserving eligibility for needs-based benefits. Key advantages include:

No age restrictions for the beneficiary
No Medicaid payback requirement at the beneficiary’s death
Flexibility to direct remaining assets to other family members or charities

What Can a Special Needs Trust Pay For?

A properly administered special needs trust can significantly enhance a beneficiary’s quality of life by paying for goods and services not covered by public benefits. Examples include:

Medical and dental care not covered by Medicaid
Therapies and rehabilitation services
Education, training, and support services
Transportation and travel
Assistive technology and communication devices
Personal care attendants and recreational activities

Because certain distributions—particularly those for food and shelter—can affect SSI benefits, Trustees must exercise caution and, ideally, work with experienced advisors.

Planning for the Future

Planning for a loved one with a disability is highly individualized. The right approach depends on the beneficiary’s needs, the type of assets involved, and the family’s long-term goals. Careful planning with an experienced special needs attorney can help ensure that financial resources are protected while maintaining access to critical public benefits. If you would like guidance tailored to your family’s situation, our team is here to help you take the next step.

Frequently Asked Questions About Special Needs Trusts

Do I need a special needs trust if my child already receives SSI or Medicaid? Yes. If your child receives or may receive means-tested benefits like Supplemental Security Income (SSI) or Medicaid, a special needs trust can help protect those benefits while allowing family members to set aside funds for their future needs. Can a special needs trust pay for housing or food? It can, but caution is required. Payments for food or shelter may reduce SSI benefits. A Trustee should carefully evaluate distributions and, when appropriate, consult with a professional to avoid unintended consequences. Who should serve as Trustee of a special needs trust? The Trustee should be someone who is financially responsible and understands the rules governing public benefits. Many families choose a trusted individual, a professional fiduciary, or a corporate trustee—or a combination of these. What happens if a special needs trust is not set up correctly? If a trust is improperly drafted or administered, the assets may be counted as available resources, which can result in the loss of important benefits like SSI or Medicaid. Proper legal guidance is essential. Can grandparents or other relatives contribute to a special needs trust? Yes. Family members and others can contribute to a third-party special needs trust, making it a useful tool for coordinated family planning. Is there a difference between a special needs trust and an ABLE account? Yes. An ABLE account is a tax-advantaged savings account with contribution limits and eligibility restrictions, while a special needs trust can hold larger amounts and offers more flexibility in planning and distributions. In many cases, both tools can be used together as part of a comprehensive plan.

What You Must Know About the Medicaid and Medicare 2026 Updates

2026-04-01T19:35:45Z

As the family caregiver, keeping up with Ohio’s health care shifts is crucial. While the recent updates to Medicaid and Medicare aim to streamline care, they also introduce new rules that could impact eligibility and asset protection.

Streamlined processes with Next Generation MyCare

Before 2026, citizens who qualified for Medicaid and Medicare had to juggle two separate systems. Starting January 1, 2026, the Ohio Next Generation MyCare program launched in 29 counties, with a statewide expansion completing in August 2026. This initiative integrates Medicaid and Medicare benefits into a single managed care plan. Next Generation MyCare eliminates conflicting medical advice and reduces duplicate paperwork. Instead of calling multiple agencies, you have one point of contact to authorize everything from home health aides to medical equipment. You have the option to opt out MyCare. Opting out may allow you to keep your Medicare and supplemental plan to reduce the amount Medicaid can recover after your loved one passes.

Updated financial limits for 2026

Eligibility hinges on strict financial thresholds, which have increased slightly for 2026. The individual income limit for those requiring long-term care has risen to $2,982 per month. If your loved one has income above this limit, they may still qualify by using a Qualified Income Trust. Additionally, under the 2026 spousal impoverishment rules, the healthy spouse may keep a portion of assets ranging from a minimum of $32,532 to a maximum of $162,660. Other financial thresholds have also increased which can be discussed in detail with an attorney from our office.

A federal cap on drug costs

Another update to remember is the limit for prescription expenses that applies to all individuals on Medicare Part D. Out-of-pocket spending on prescription drugs is now capped at $2,100 per year. Once your loved one hits this limit, they pay $0 for their covered medications for the rest of the year.

Taking action as a caregiver

As Ohio implements these transitions, be on the lookout for a renewal letter. Moreover, if you have not already, file a Designation of Authorized Representative form. This allows you to sign papers and speak to caseworkers on your loved one’s behalf. Given the new system for Medicaid and Medicare, seeking complete information is crucial. An experienced attorney can offer the guidance you need to navigate the new landscape.

Have questions about Medicaid and Medicare changes?

Navigating Medicaid and Medicare changes can feel overwhelming, especially when your loved one’s care and financial security are at stake. Our team can help you understand eligibility, protect assets, and plan with confidence. Contact us today to schedule a consultation.

Amanda M. Buzo Appointed to the Lorain County Office on Aging Board of Directors

2026-02-19T17:57:06Z

Hickman Lowder is pleased to announce that Amanda M. Buzo has been appointed to the Board of Directors of the Lorain County Office on Aging (LCOOA), a nonprofit organization dedicated to supporting older adults throughout Lorain County. Amanda will serve on the Finance Committee and help advance LCOOA’s mission to provide support, resources, and advocacy so older adults can age successfully in their communities. The organization offers a range of programs and services designed to promote independence, connection, and long-term well-being for seniors and their families, guided by its core values of dignity, compassion, trust, equity, and collaboration. In 2024, the Lorain County Office on Aging celebrated 50 years of service and continues to play an essential role in supporting older adults, caregivers, and families throughout the region. Hickman Lowder has long supported organizations that serve older adults and individuals with special needs, and Amanda’s appointment reflects both her personal commitment and the firm’s continued dedication to strengthening community resources that promote dignity, independence, and quality of life. Please join us in congratulating Amanda on this meaningful leadership role and continued service to Lorain County.

Preventing Elder Social Isolation: Practical Strategies That Make a Difference

2026-02-13T14:43:33Z

Social isolation in older adults is more than loneliness—it is a serious health risk linked to depression, cognitive decline, heart disease, and early mortality. The good news is that isolation is often preventable when families, caregivers, and communities are intentional about maintaining connection.

Why Older Adults Become Isolated

Loss of a spouse, friends, or social circle
Mobility issues or chronic health conditions
Transportation barriers
Retirement and reduced daily interaction
Difficulty using technology
Living alone or far from family

When these challenges overlap, connection must be proactive rather than accidental.

Simple, Consistent Connection

Predictable routines make a significant difference. Daily check-in calls, weekly meals, standing visits, or regular outings provide structure and reassurance. Intergenerational contact—such as youth volunteers or school partnerships—also creates meaningful engagement for everyone involved.

Using Technology as a Bridge

With the right support, technology can reduce distance. Easy-to-use devices, voice-activated tools, and patient instruction allow older adults to participate in video calls, virtual classes, ride share options like Uber/Lyft, telehealth, and Zoom. Even small tech skills can open new doors to connection.

Community Resources Are Essential

Senior centers, faith communities, and volunteer visitor programs often become lifelines. These spaces offer meals, activities, exercise programs, and social events that create belonging and routine. A key local resource is the Western Reserve Area Agency on Aging (WRAAA), which serves older adults in Northeast Ohio. Their programs include senior center connections, transportation options, home-delivered meals, friendly visitor programs, and caregiver support services. Families and professionals can explore available programs at: https://www.areaagingsolutions.org/

Purpose and Emotional Well-Being

A sense of purpose protects against loneliness. Encouraging older adults to volunteer, mentor, join clubs, or participate in community groups helps them feel valued and engaged. Mental health support also matters. Counseling, support groups, and wellness check-ins strengthen the emotional foundation needed for social interaction.

Environment and Social Connection

For those in senior housing or assisted living, shared meals, common spaces, and group activities naturally promote interaction. Strong relationships remains one of the strongest protective factors. Assisting with transportation, encouraging activities, helping with technology, and sharing regular updates or photos all reinforce connection. Small, consistent efforts matter more than grand gestures.

How Planning and Support Work Together

At Hickman Lowder, we understand that social isolation often intersects with broader planning and care needs. Our team works closely with families to help address the legal and practical considerations that support aging adults, including planning for care coordination, decision-making, and long-term stability. Thoughtful planning can help ensure older adults remain supported, connected, and protected as their needs evolve

Romance Scams Targeting Older Adults: A Growing Form of Financial Exploitation

2026-01-20T19:36:47Z

At Hickman Lowder, we encounter a wide range of challenges facing older adults and their families. In recent years, we have seen a significant increase in cases involving financial exploitation, which can take many forms. One of the most concerning and increasingly common types of financial exploitation affecting older adults today is the romance scam.

Why Romance Scams Are So Effective

Romance scams often prey on two very real and very human experiences later in life: social isolation and the desire for companionship. These scams typically begin as what appears to be a genuine and caring connection. Over time, however, the relationship turns into heartbreak and financial loss for the loved one.

Scammers frequently spend weeks or even months building emotional trust and closeness before ever asking for money, gifts, or access to bank accounts. It is not uncommon for the scammer to claim to be located in another state or even another country. They often choose locations that are remote or difficult to reach, creating significant barriers to ever meeting in person and making it easier to avoid detection.

Often, the first request for money is tied to some type of “emergency.” By this point, the scammer has spent significant time getting to know the victim and learning what is important to them. They may appeal to emotions or sympathy, making the victim far more likely to send money or provide financial access.

Why These Scams Can Go Undetected for So Long

These relationships can continue for years without being noticed because they involve two socially sensitive topics: money and love. Victims may feel embarrassed, defensive, or afraid to talk about what is happening, which allows the exploitation to continue unchecked.

The Importance of Estate Planning as a Protective Tool

At Hickman & Lowder, we know our clients have worked hard and planned carefully throughout their lives to build financial security for retirement. The last thing we want to see is that security threatened by exploitation or manipulation.

This is one of the many reasons it is so important to have current and up-to-date estate planning documents in place. With proper planning, a Durable Power of Attorney for finances can step in to help monitor and manage funds coming into and going out of accounts, adding an important layer of protection if concerns arise.

Our goal is to ensure every client is prepared with strong, thoughtful estate planning documents that not only plan for the future, but also help protect against exploitation today.

What To Do If You Suspect a Romance Scam

Awareness is the first step. If you suspect someone in your life may be the victim of a romance scam or another form of financial exploitation, consider the following steps:

Schedule a consultation with an attorney at Hickman Lowder to discuss how we can help protect your loved one and their assets
Further guidance and support can be found from the Cuyahoga County Scam Squad at 216-443-7226
Contact your local Adult Protective Services at:
- Cuyahoga County: 216-420-6700
- Lake County: 440-350-4000
- Lorain County: 440-284-4465
- Medina County: 330-661-0800
- Summit County: 330-643-7217

Planning Options for Disabled Individuals: Trusts Versus ABLE Accounts

2025-12-16T12:38:39Z

By Riley A. Williams, Esq. When a disabled individual has funds over the asset threshold to qualify for public benefits, families have various planning options to consider to maintain eligibility. Families may further consider a combination of any of the options below. FIRST PARTY SPECIAL NEEDS TRUST A first party special needs trust can be established for any disabled individual under the age of 65. A first party special needs trust must be irrevocable, have a trustee with the sole discretion to make distributions to the beneficiary, and require the Trustee repay the state upon the beneficiary’s death for Medicaid benefits received during their lifetime. Parents, grandparents, guardians, a court of law, or even the disabled individual can establish this trust. A first party special needs trust is funded solely with assets that belong to the disabled individual. Any type of property can be held in a first party special needs trust. A trustee (that is not the disabled beneficiary) is chosen to administer the trust. The trustee is the person that manages the funds and provides distributions to the disabled individual. The first party trust is used to supplement the disabled individual during their lifetime and should not be used for items/services that are being provided by public benefits without careful consideration. Examples include any services covered by Medicaid and shelter expenses covered by SSI payments. POOLED TRUST A pooled trust is an option permitted in Ohio for any disabled individual – including those over age 65. Assets placed into the pooled trust after age 65 preserves Medicaid eligibility, but a penalty will be imposed for individuals over age 65 receiving SSI benefits. A pooled trust can be established by a parent, grandparent, guardian, court, or the disabled individual. The funds contributed to the pooled trust must also belong to the disabled individual. Generally, the only funds that can be contributed to a pooled trust are liquid cash assets – no real estate or other property. A pooled trust takes the funds from various disabled individuals and pools them together to be managed by an investment company for growth purposes. Each disabled individual has their own account which can be used for the benefit of the individual. Distributions are subject to approval by a nonprofit entity that manages the pooled trust. ABLE ACCOUNT A STABLE Account (Ohio version of ABLE) can be established for any individual that is blind or disabled before age 26. Effective January 1, 2026, the age requirement for disability will increase to age 46 – so any individual that is blind or disabled before age 46 can establish a STABLE Account. An account can be opened by a disabled individual, a power of attorney, a guardian, a spouse, a parent, a sibling, a grandparent, or the individual’s Representative Payee. Contributions– cash or liquid assets up to $20,000 annually (2026) – can be made to the account by any person. If the disabled individual is working, an additional $15,650 can be contributed. If the STABLE Account ever holds more than $100,000, the individual’s SSI benefits will be suspended until the balance is reduced to less than $100,000. Funds can be used for any qualified disability expenses. Some examples include education, transportation, housing, living expenses, funeral/burial, health and wellness. Ohio recently passed HB 96 which included a provision that money in a STABLE Account at the death of the beneficiary will not be subject to repayment to Medicaid in most cases – unless required by federal law. Each of the options discussed above can ensure that your loved one will maintain the public benefits that they need and further provide a source of funds to supplement them during their lifetime. Resources: STABLE: https://www.stableaccount.com/ Community Fund Ohio (Pooled Trusts): https://www.communityfundohio.org/ Disability Foundation (Pooled Trusts): https://disability-foundation.org/