Special Needs Planning for Moving to a New State By Wendy H. Sheinberg, CELA No one enjoys moving; it's hard work and involves lots of detail (not to mention all of those boxes). Managing the transition for someone with special needs can be difficult; it's wise to begin planning as soon as you begin seriously [...]
By Barbara Isenhour, Esq. Navigating the acronym-ridden maze of government benefits is tough and misconceptions abound. Families may be unaware of the full range of options available to individuals with I/DD, or they may be confused about eligibility, assuming that they have too much income to consider means-based programs. Most individuals with I/DD can benefit [...]
By Joanne Marcus, MSW, Executive Director, Commonwealth Community Trust The first months, or even years, after receiving the diagnosis are filled with unexpected questions and challenges when you have a loved one with special needs. “Here-and-now” needs like healthcare, therapy, education and other immediate needs can quickly take priority over future planning, which is understandable. [...]
By Michael C. Walther, President, Oak Wealth Advisors Serving as a trustee requires administrative and technical skills in addition to strong interpersonal communication skills. Identifying the appropriate trustee is difficult in general; a Special Needs Trust (SNT) presents additional challenges. While most families will name a relative to serve as the trustee of their family’s [...]
This issue of the Voice was written by Special Needs Alliance member Lisa Nachmias Davis, CELA, a partner in the New Haven, Connecticut law firm of Davis O'Sullivan & Priest, LLC. Ms. Davis helps clients with estate planning, setting up or administering special needs trusts, qualifying for public benefits, and probate and estate settlement; she also represents charities and other nonprofit organizations. Her website is www.sharinglaw.net.
By Martha C. Brown, CELA When a loved one of any age requires the round-the-clock care of a nursing home, it’s important to select one that fulfills both their medical and social needs. Each facility has its own culture, and since this will be your family member’s home, the environment should be a welcoming fit. [...]
By Robert B. Fleming, CELA, Tucson, AZ For family members wishing to participate in the care of a loved one with special needs, the role of trustee isn't always a good match. Family members may not be particularly familiar with investing, accounting and tax returns. They may not have time to handle ongoing disbursements, or [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Amy C. O`Hara, CELA and her co-author, Sheryl Frishman. Amy and Sheryl are attorneys with the New York law firm Littman Krooks LLP, specializing in special needs planning, trust administration, guardianships, elder law, and estate planning and administration. Amy is an active participant of the Special Needs Alliance publications committee and is a member of the New York State Bar Association. Sheryl's practice is devoted entirely to the advocacy and life planning needs of children and adults with disabilities and their families. She is immediate past President of the Board of Directors of Westchester Arc. Sheryl also serves on the Board of Governors and Legal Committee of NYSARC Inc.
By Catherine Goebel, MA, MS Ed., NCG-CGC, ILLP There is much discussion regarding transitional planning for younger individuals with special needs moving from high school to employment, day programming, or additional education. But remember, it is also essential to have discussions regarding retirement opportunities for individuals with special needs. Never before in history have we [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Hyman Darling, Esq., a partner in the Springfield, Massachusetts, firm of Bacon Wilson, P.C. Mr. Darling concentrates his practice in estate planning, elder law, probate, special needs and guardianships/conservatorships. Before joining Bacon Wilson, he was a trust officer for several years. A frequent speaker for civic and charitable organizations, he serves on the American Cancer Society National Professional Advisory Committee and the boards of several western Massachusetts nonprofit organizations for persons with disabilities. He serves on the board of directors and has served as Secretary of the National Academy of Elder Law Attorneys (NAELA).
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Laurie Hanson, Esq., a shareholder in the Minneapolis, Minnesota, elder law firm of Long, Reher & Hanson, P.A. with the help of her law clerk, Christine Jensen. The firm's focus is to provide positive strategies for individuals who are aging or living with disabilities to help them live as independently as possible for as long as possible. Laurie concentrates her practice exclusively in the areas of government benefit eligibility, special needs trusts, trust and public benefit litigation, estate planning, and planning for incapacity. She is the past president of the Elder Law Section of the Minnesota State Bar Association and is repeatedly named a super lawyer in the field of elder law by her peers.
What to Consider When Creating a Special Needs Trust By Katherine N. Barr, Esq. Many parents put off the process of setting up a special needs trust (SNT) for a child with disabilities. They worry about complexity and cost and that they'll be faced with difficult decisions. They may finally be prompted to call an [...]
"The child you take home is the same one you brought in." By Chris Kelsey, Board Member, Piedmont Down Syndrome Support Network Parents' first experience of their child's developmental evaluation by "the experts" can be pretty scary. They know their child well, and they know that he or she might not perform. They also may [...]
By Leonard F. Berg, CELA Paying a relative for care of a frail parent or of an adult child or sibling with disabilities is an option that sometimes solves a variety of problems. "Caregiver agreements" can enable an individual with special needs to remain living within the community at the same time that it provides [...]
By Andrew H. Hook, CELA Transition planning, the preparation of a young person with special needs for adulthood, should begin before the student turns 16. Many school divisions choose to begin this planning when the students enters high school, typically at the age of 14. To the extent possible, the student should work with parents, [...]
By Karen Kirks Alexander, AIA, President, KKA Architecture, PA As families and their attorneys plan for the special needs of their loved ones, critical health care is always rightfully at the top of the list of concerns. However, the family and a team of professionals, including attorney, financial planner, life coach and specialized architect, should [...]
By Robert F. Brogan, CELA At one time, it was common for neurologists to wait until a child was about five to broach the topic of developmental delays with parents. Since children learn fastest during their early years, that meant that valuable time was lost, during which therapy might have reduced or reversed physical and [...]
This week's installment comes from Special Needs Alliance co-founder Robert B. Fleming, CELA, an attorney at Fleming & Curti, PLC, in Tucson, Arizona. Robert is a long-time advocate for those with disabilities and their families. He and his firm help with estate planning, guardianship, and trust administration (including special needs trust administration). Robert is also an author and a frequent lecturer on special needs issues.
By Mohan Mehra, President, The Arc Board of Directors, Washington, D.C. The Arc recently completed a national study of over 5,000 parents, siblings and caregivers of people with intellectual and developmental disabilities (I/DD). The study, titled FINDS (Family and Individual Needs for Disability Supports), asked about their needs and access to a broad range of supports [...]
By Shawn Majette, Esq. Advance planning is essential in providing for the well-being of an individual with severe mental illness. The shifting presentation of its symptoms, however, demands an adjustable approach. While even a person with severe mental illness may usually be perfectly competent, modest changes in circumstances can rapidly cause a sharp and devastating [...]