Legal Question in Social Security Law in Maryland

I have an 18 year old special needs daughter. When she was an infant I set up a mutual fund with me as the custodian for her with a unif trans to minor act. Now that she is 18 we have applied for SSI. It is my understanding that she can't have more than $2,000 in her name. The acct has almost $4,000. Can I begin to withdrawal money from this account for her expenses (rent in our home, household expenses, eyeglasses, birthday party expenses, anything that is for her)? If so, what kind of records do I need to keep? Do I need to claim this as income? Are there tax issues related to this for her or I?

Thanks so much. Any information is appreciated.

Asked on 11/09/13, 7:56 am

1 Answer from Attorneys

Randall Selagy F. Randall Selagy, P.C.

For SSI purposes you must dispose of anything over $2000. Without knowing the terms of the custofial account, it is difficult to say what you can use the money for. Why don't you take all $4000 and put it in a Special Needs Trust, which is allowable for people who get SSI.

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Answered on 11/10/13, 9:55 am

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