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 Barbara Hughes, Esq., and Edward V. Wilcenski, Esq. Studies indicate that divorce rates increase with the onset of a disability. While any divorce is likely to be disruptive, when one or both partners have special needs, there are additional complications. Marital laws differ by state, but here are issues to consider. Question of Capacity [...]
This issue of The Voice is written by Ken W. Shulman, Esq. who is a partner in the Boston, Massachusetts, office of Day Pitney LLP. Ken focuses his practice on estate planning and related issues for families who have children with disabilities and on elder law. He has served as a board member for several human service agencies including the Greater Boston ARC and presently serves as a board member for the Asperger's Association of New England. He also serves on the Combined Jewish Philanthropies Committee on Disabilities and previously served on the Board of Directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. He is a co-author of Managing a Special Needs Trust, People with Disabilities Press (2012). Ken often serves as a trustee of special needs trusts at his clients' request.
By Mary O’Byrne, Esq., and Stephen W. Dale, Esq. Previous installments of this three-part series have examined the scope and causes of the housing crisis faced by people with disabilities, as well as government programs designed to address it. This final article explores models being used by nonprofits, families and private industry-often with the help [...]
By Douglas Shaw, COO, Medivest and Tom Matson, National Account Manager, Medivest An injury settlement of any variety can present a host of complex issues that the settling parties must take into account. One such issue centers around a dually eligible claimant, who is either currently receiving, or is eligible to receive, both Medicare and Medicaid [...]
Representing SNA at the recent annual conference of the National Alliance of Medicare Set-Aside Professionals (NAMSAP), Kristen L. Behrens, of the Begley Law Group, and Shannon A. Laymon-Pecoraro, of the Hook Law Center, discussed how to integrate Medicare set-asides (MSAs) with first party special needs trusts (SNTs) created to hold personal injury settlements. An SNT [...]
HCBS--A Cost-Effective Method of Providing Care Home and community-based care is less expensive than nursing home care and has the potential to ease states' Medicaid burden. Read on. https://lawprofessors.typepad.com/elder_law/2014/05/hcbs-a-cost-effective-method-of-providing-care.html Does the Least Restrictive Environment (LRE) Work for Your Child? An inclusive environment isn't always the best educational solution for a student with special needs. Read [...]
By Bridget O’Brien Swartz, CELA, Vice President & Senior Trust Officer, First International Bank & Trust Beneficiaries and their families generally have high expectations regarding special needs trusts (SNTs), which are designed to enhance quality of life for a loved one with disabilities without threatening eligibility for means-tested government programs. But SNTs are subject to [...]
SNA President Marielle F. Hazen, CELA recently spoke on the "Impact of the Affordable Care Act (ACA) on SNT and Settlement Planning" to an audience of 200 at the 2014 annual meeting of National Structured Settlements Trade Association. After providing a quick overview of the ACA, she focused on its potential effect on personal injury [...]
SNA attorneys have ongoing involvement with a wide array of issues faced by individuals with disabilities, their families and the professionals who serve them. Below is a sampling of recent posts from member blogs: New Report Finds that Spouses Who Are Caregivers Are More Likely than Other Caregivers to Perform Demanding Medical/Nursing Tasks A study [...]
This issue of the Voice was written by Robert B. Fleming, CELA, a founding member of the Special Needs Alliance and a partner in the Tucson, Arizona, law firm of Fleming & Curti, PLC. Mr. Fleming represents family members who are guardians, conservators or trustees; he also frequently acts as trustee of special needs trusts. He travels and speaks extensively on taxation and trust administration issues. His website is at https://elder-law.com/.
The Special Needs Alliance and other prominent advocacy groups have long supported two pieces of legislation that would greatly benefit individuals with disabilities. Now we're asking you to help sign up additional co-sponsors in the U.S. Senate and House of Representatives. The Special Needs Trust Fairness Act (H.R. 2123/S.1672) This bipartisan legislation was introduced in [...]
This installment of the Voice was written by Special Needs Alliance member Tara Anne Pleat. Tara is a founding partner of the law firm of Wilcenski & Pleat PLLC (www.wplawny.com) in Clifton Park, New York. She practices in the areas of special needs planning, elder law, and trust and estate planning and administration. Tara writes and lectures frequently on issues affecting individuals with disabilities and their families.
SNA attorneys have daily involvement with a wide array of issues facing individuals with disabilities, their families and the professionals who serve them. Below is a sampling of recent posts from member blogs: High Expectations of PI Attorneys When Advising Clients During Settlement A recent client suit against personal injury attorneys illustrates the care with [...]
By H. Amos Goodall, Jr., CELA Caring for a loved one with special needs can run into millions of dollars over the course of their lifetime, so the last thing families need is to pay unnecessary taxes. I'd estimate that before beginning to work with a special needs attorney, 30 percent of my clients had [...]
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 [...]
By Bradley J. Frigon, CELA As tax-paying season approaches, there are a number of tax obligations and deduction opportunities that families with special needs should bear in mind. It's important to realize that the investment income generated by funds deposited in a special needs trust (SNT) are taxable, yet the details differ, depending upon the [...]
Protecting Public Benefits By John F. Kearns III, CELA, West Hartford, Connecticut When settling a personal injury case, the value that public benefits will bring to the plaintiff's quality of life should be carefully assessed. Means-tested programs such as Medicaid and SSI will often play a central role in providing healthcare and maintaining financial security. [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment's author is Edward V. Wilcenski, Esq., a founding partner of the law firm of Wilcenski & Pleat PLLC in Clifton Park, New York (www.wplawny.com). He practices in the areas of special needs planning, elder law and trust and estate planning and administration. A member and past president of the Special Needs Alliance, Ed writes and lectures frequently on issues affecting individuals with disabilities and their families.