THE VOICE

Disabled Military Child Protection Act Policy Issued

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Kelly A. Thompson, Esq.. Kelly has been a lawyer for 37 years, practicing law in Arlington, Virginia for the last 21 years. She is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and a frequent lecturer on special needs planning. Her clients include many military families and she was active in lobbying for passage of the Disabled Military Child Protection Act. Her practice focuses on planning for individuals with disabilities and the elderly, special needs trusts, trust administration and estate planning.

2024-12-12T10:39:53-05:00

Income Taxes and Special Needs

This installment of the Voice was written by Robert B. Fleming, CELA. Robert is a partner in Fleming & Curti, PLC, a Tucson law firm focusing on special needs planning, trust administration, guardianship/conservatorship and estate planning. He is a Fellow of the American College of Trust and Estate Counsel, and also of the National Academy of Elder Law Attorneys. He has been a member of the Special Needs Alliance since its founding, and was one of the original co-authors of the SNA's Handbook for Trustees, the free online guide to managing special needs trusts.

2025-01-22T14:40:58-05:00Tags: Finding Answers – Taxation|

Representative Payee for Social Security Benefits

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Martha C. Brown, CELA, a Special Needs Alliance member in St. Louis, Missouri. Martha Martha Brownlimits her practice to elder law and special needs law. A Fellow of the National Academy of Elder Law Attorneys and a Certified Elder Law Attorney, Martha has been designated a Super Lawyer for the last six years. Through her numerous community presentations and continuing legal education presentations, Martha helps attorneys and the public understand and address legal issues concerning the elderly and people with disabilities. Currently Martha is participating in the statewide task force to rewrite the guardianship code in Missouri.

2024-12-12T10:51:01-05:00

Distributions from Special Needs Trusts: In Kind Distributions, Credit Cards, Gift Cards, or Debit Cards

You are the trustee of a special needs trust. Your beneficiary (Beth) lives in public housing, receives SSI (Supplemental Security Income) and MA (Medical Assistance), and has just asked you for a $200 gift card to Target so that she can buy headphones, clothes, toiletries, and some food. Remember, a special needs trust (SNT) is [...]

2024-12-12T10:53:01-05:00Tags: Finding Answers Trust Administration|

Telephone Scams Preying on Vulnerable Adults

This installment of the Voice was written by H. Amos Goodall, Jr., CELA of the State College, Pennsylvania law firm Goodall & Yurchak, P.C. His practice emphasizes estate planning and implementation for elders, persons with special needs and their families. A member of the Special Needs Alliance and the National Academy of Elder Law Attorneys, Amos is also a Fellow of the American College of Trusts and Estates Counsel. Amos wrote this article in consultation with Officer Kelly Aston of the State College Bureau of Police Services, State College, Pennsylvania.

2024-12-12T10:54:33-05:00

Disabled Military Child Protection Act

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Kelly A. Thompson, Esq.. Kelly has been a lawyer for 36 years, practicing law in Arlington, Virginia for the last 20 years. Her clients include many military families, and her practice focuses on planning for individuals with disabilities and the elderly, special needs trusts, trust administration and estate planning.

2024-12-12T10:57:22-05:00

Medicare Observation Status: Denying Medicare Coverage for Skilled Nursing Home Care

There is an increasing trend to admit Medicare beneficiaries for "observation" as outpatients rather than admitting them as regular hospital patients. This practice may prevent patients from obtaining proper inpatient and post-hospital care under Medicare. Since many individuals with disabilities depend on Medicare as their primary health insurance coverage, this practice can have a serious [...]

2024-12-12T11:24:38-05:00

A Wake up Call for Professional Trustees and Parents

A fairly recent court decision, In the Matter of Mark C.H., involved the obligations of the trustee of a special needs trust, and serves as the focus of this issue of The Voice. The case involved an accounting proceeding brought by the co-trustees of a supplemental needs trust established for Mark, an autistic man living [...]

2024-12-12T11:26:03-05:00Tags: Finding Answers Trust Administration|

The ABLE Act – A New Tool for Special Needs Planning

If you want to set aside money for the education of a child (or a grandchild, or anyone else), you can choose from a variety of options. One popular choice is to establish a "529 Plan" fund. These education accounts are named after the tax code section authorizing their use, and they make it easy [...]

2024-12-12T11:28:51-05:00Tags: Finding Answers - The Voice, Finding Answers Able|

Bullying of the Special Needs Child and What Parents Can Do

Any child can be a victim of bullying or harassment, but research has shown that children with special needs are both more likely to be bullied or harassed and also more likely to be seriously harmed by it. In addition, children with special needs may be less likely to be able to seek help to [...]

2025-01-07T10:23:42-05:00Tags: Finding Answers Education Employment|

Recommended Books for the Special Needs Community

As lawyers in elder and disability practices, Special Needs Alliance members have many experiences that feed our empathy and understanding, but not all of us have parents with dementia or a child with a disability. One thing we have learned, though, over many years of practice, is that if you have seen one child or [...]

2024-12-12T11:34:22-05:00

Summary of Disability Benefits

The Voice® is the e-mail newsletter of The Special Needs Alliance. This installment of The Voice® was written by Special Needs Alliance member Barbara Isenhour, Esq., who practices law in Seattle, Washington.

2024-12-12T11:36:09-05:00

Child Support for an Adult Child with Disabilities

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Craig C. Reaves, CELA of Reaves Law Firm, PC. in Kansas City, Missouri. Holding the CELA (Certified Elder Law Attorney) designation from the National Elder Law Foundation, he is a Past President and Fellow of the National Academy of Elder Law Attorneys and a Fellow of the American College of Trust & Estate Counsel (ACTEC). He is listed in Best Lawyers in America and has been designated as a Missouri Super Lawyer. Mr. Reaves is an adjunct professor of elder law at the law schools of the University of Kansas and the University of Missouri-Kansas City. He practices law in Kansas and Missouri with major emphasis in the areas of estate planning, elder law, special needs trusts, and planning for persons who have a disability.

2024-12-12T11:41:22-05:00Tags: Finding Answers - The Voice, Finding Answers Marriage|

Considerations when Initiating or Settling a Personal Injury Action

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.

2024-12-12T11:45:39-05:00Tags: Finding Answers Litigation|

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: Finding Answers – Taxation|

The Affordable Care Act and Its Impact on Individuals with Special Needs

This issue of the Voice was written by SNA member Shirley B. Whitenack, Esq. of Schenck, Price, Smith & King, LLP and an associate at her firm, Crystal West Edwards. Shirley's practice focuses on elder and special needs law and estate and trust litigation, planning and administration. She is a Fellow and the Vice President of the National Academy of Elder Law Attorneys (NAELA) and is a member of its Council of Advanced Practitioners (CAP). Crystal's practice focuses on elder and special needs law. She is a member of the Elder and Disability Law Section of the New Jersey Bar Association, NAELA, and Secretary of the New Jersey Chapter of NAELA and the Garden State Bar Association.

2024-05-06T14:37:24-04:00

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: Finding Answers Trust Administration|

Letter of Intent

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.

2024-06-19T10:29:54-04:00Tags: Finding Answers - The Voice, Finding Answers Estate Planning|

Does My Child Need a Guardianship?

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).

2024-05-06T14:34:18-04:00Tags: Estate Planning, Finding Answers Adulthood, Guardianship, Special Needs Planning|

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