Special Needs Trusts

Blog Roundup: Home and Community Care/Least Restrictive Environment/”Sole Benefit” SNT Distributions/Hospitals and Family Caregivers

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 [...]

2024-12-10T10:57:53-05:00
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Understanding SNT Groundrules Can Avoid Disappointment

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 [...]

2024-12-10T11:01:07-05:00
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The Affordable Care Act and Personal Injury Awards

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 [...]

2024-12-10T11:02:31-05:00
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Tax Tips for Parents of a Child with Special Needs

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/.

2024-12-12T11:47:11-05:00Tags: |
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Call to Action! Ask Federal Legislators to Co-Sponsor Bills Benefiting People with Disabilities

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 [...]

2022-05-19T09:43:18-04:00
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Blog Roundup: PI Settlements/College Supports/Eldercare/Employment/SNTs & SSI

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 [...]

2022-11-28T08:05:41-05:00
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End-of-Year Tax Considerations

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 [...]

2024-05-13T15:49:40-04:00Tags: |
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Family Members Should Consider Trust Protector Role

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 [...]

2024-05-13T15:49:02-04:00
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Tax Planning for Families With Special Needs

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 [...]

2024-05-13T15:46:13-04:00Tags: |
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Structured Settlements and SNTs

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. [...]

2024-05-13T15:45:12-04:00
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When A Family Member Serves As Trustee (Part II): The Devil Is In The Details

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.

2024-05-06T14:35:51-04:00Tags: |
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Military Survivor Benefits and SNTs

Will Congress Correct this Inequity? By Kelly A. Thompson, Esq., Virginia Poor word choice can derail intent. Nearly a decade ago, legislation governing the military's Survivor Benefit Plan stipulated that payments be made to a "person." A literal reading of that language has meant that veterans who have children with special needs can't assign those [...]

2024-07-05T09:14:03-04:00
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Developing an Estate Plan for Parents of Children with Disabilities: A 15-Step Approach

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.

2024-05-06T14:33:31-04:00Tags: , , , |
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How Will the Affordable Care Act Affect SNTs?

Shirley B. Whitenack, Esq., Florham Park, New Jersey Under the Affordable Care Act (ACA), a hybrid system comprised of Medicaid and state-based insurance exchanges seeks to extend health coverage to all Americans. How will this shape the life care plans that families establish for loved ones with disabilities? Will special needs trusts (SNTs) continue to [...]

2024-05-09T15:44:18-04:00
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Thinking It Through

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 [...]

2024-05-09T15:43:38-04:00
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Updating Your Special Needs Trust – Begin with a Self Review

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Pacheco, California, Special Needs Alliance member Stephen W. Dale, Esq. of The Dale Law Firm, PC. Steve is a disability rights advocate and attorney dedicated to providing quality estate planning. He is a frequent speaker on a variety of disability related topics across the country. Steve regularly teaches courses to the public, financial professionals, and other attorneys on special needs trusts and trust administration. Additionally, he serves as the trustee for the Golden State Pooled Trust. Steve offers numerous videos and handouts to the public and his colleagues at www.achievingindependence.com.

2024-05-06T14:31:56-04:00Tags: |
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Your Special Needs Trust (“SNT”) Defined

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Amy C. O`Hara, CELA, an attorney with the New York law firm of Littman Krooks LLP. Her practice focuses on special needs planning, trust administration, guardianships, elder law, veterans' benefits and estate planning and administration. Amy is a member of the Special Needs Alliance and active participant of the publications committee. She is also a member of the New York State Bar Association. Amy graduated from the State University of New York at Buffalo Law School.

2024-05-06T14:31:09-04:00Tags: |
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Structured Settlements Don’t Always Make Sense

By Evan Krame When an individual with disabilities is anticipating a personal injury award, spreading guaranteed payments over time through a "structured settlement" is a popular option. The attractive features of annuitizing a recovery don't always work well, however, for people with special needs. The best reason to support structured settlements is to have payouts [...]

2024-05-09T15:33:42-04:00
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When a Family Member Serves as Trustee – “Fair and Honest Is Not Enough”

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. 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.

2024-05-06T14:29:34-04:00Tags: |
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