The Voice®

The Voice®2019-05-23T16:45:16-04:00

The Voice is SNA’s newsletter, written by our member attorneys for the benefit of families, other attorneys and professionals who work with the special needs community.

These are in depth articles that address the complex issues we each face.

Ten Reasons to Use a Stand-Alone Supplemental Needs Trust

This issue of The Voice® was written by Special Needs Alliance member Amelia Crotwell, CELA, the founding partner of the firm Elder Law of East Tennessee, PLLC, in Knoxville, Tennessee, where she helps clients with Life Care Planning, special needs trust planning, and estate planning.  She is a graduate of the University of Tennessee College of Law.  She teaches Elder Law at her alma matter and she serves as the President of the Life Care Planning Law Firms Association.  Her website is www.elderlawetn.com.

DEAR GRANDMA AND GRANDPA…

The Voice is the e-mail newsletter of the Special Needs Alliance. This installment was written by Special Needs Alliance member Edward 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. Ed is a past President of the Special Needs Alliance, and writes and lectures frequently on issues affecting individuals with disabilities and their families

Long-time readers of The Voice know that we rarely repeat an issue. In the world of disability there are many important topics to choose from, so the challenge has really been in deciding which topics are of most interest to our readers rather than finding something interesting in the first place. Because the Voice has many new readers each year, we know that many of our current readers may have missed this article when it first appeared in November of 2010. With this in mind, we’ve decided to reprint this article written by Edward V. Wilcenski, Esq. hoping that it may catch newer readers before they make their final decisions on how to make holiday gifts to their family members and friends with disabilities.

What is a special needs trust anyway?

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 sharinglaw.net.

Special Needs Beneficiaries Can Be Explicitly Included in Estate Planning

This article for The Voice® was written by Mark B. Heffner, CELA, a graduate of Harvard College and Boston College Law School. He is the principal of Heffner & Associates, a firm with offices in Warwick and Barrington, Rhode Island, focusing since 1992 on elder law, special needs planning, and estate planning. Mark is a Certified Elder Law Attorney, and became a member of the Special Needs Alliance in 2004. He can be found at www.hefflaw.com

The Pitfalls of Paying Family Members to Provide Care

This article for The Voice® was written by Courtney L. Fletcher, Esq., of Springfield, Missouri. Courtney is an attorney in the Estate Planning Practice Group of Carnahan, Evans, Cantwell & Brown, P.C. and has been practicing law since 1995. Her practice area include special needs planning, estate planning and administration, probate, trust and elder law, guardianships/conservatorships and Veteran’s benefits. Courtney is a member of the Missouri Bar, past president of the Greene County Estate Planning Council, a member of the National Academy of Elder Law Attorneys, and a VA accredited attorney. She is a past director of the Missouri Chapter of the National Academy of Elder Law Attorneys and a past chairman of the Springfield Metropolitan Bar Association Probate & Trust Committee. She currently serves on the Elder Law Committee of the Missouri Bar and is also a member of the Estate, Trust and Elder Law Institute Planning Committee. Please visit her at www.cecb.com.

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What, Where, Why, and When must a Special Needs Trust Be Reported to Government Agencies?

This article for The Voice® was written by Emily B. Kile, Esq. of Scottsdale, Arizona. Emily is a partner at Kile & Kupiszewski Law Firm, LLC. Emily has been practicing law since 1993.  She is a member of the Special Needs Alliance. Her practice areas include special needs planning, probate, trust administration, long term care planning and guardianship/conservatorship matters.  Emily is also a licensed fiduciary. She serves as Trustee, Conservator and Financial Agent for individuals. Emily is a past chairperson for the Elder Law, Mental Health & Special Needs Planning section of the State Bar of Arizona. Please visit her at: www.kilekuplaw.com

Customizable Visa Card Offers Flexibility to Beneficiaries

This installment of The Voice was written by Special Needs Alliance member Stephen W. Dale, Esq., founder of The Dale Law Firm, PC, in Pacheco, California. His practice focuses on estate planning, and he is an ardent advocate for disability rights. He is a frequent national speaker on a wide range of disability topics, and has received both the Powley Award and Theresa Foundation Award in recognition of his work on behalf of individuals with special needs. He is a board member with the Arc of California, a trustee with the Golden State Pooled Trust, and legal counsel for True Link Financial.

Customizable Visa Card Aids Financial Independence

This installment of The Voice was written by Special Needs Alliance member Stephen W. Dale, Esq., founder of The Dale Law Firm, PC, in Pacheco, California. His practice focuses on estate planning, and he is an ardent advocate for disability rights. He is a frequent national speaker on a wide range of disability topics, and has received both the Powley Award and Theresa Foundation Award in recognition of his work on behalf of individuals with special needs. He is a board member with the Arc of California, a trustee with the Golden State Pooled Trust, and legal counsel for True Link Financial.

Special Needs Planning Benefits All Siblings

This edition of the Voice is written by Benjamin A. Rubin, Esq., LLM, a partner in Rubin Law, with offices in Buffalo Grove, Chicago and Old Orchard, Illinois. The firm focuses exclusively on serving the families of children and adults with developmental disabilities, intellectual disabilities and mental illness. Having a brother with autism, among other significant disabilities, has profoundly shaped who Benjamin is today, including the type of law he chose to practice.

Service Animals, Emotional Support Animals, and Individuals with Disabilities

This article for The Voice was written by Richard Kroll, Esq. of Rochester, New York, a member of the Special Needs Alliance. An attorney with 45 years of experience, his expertise is frequently sought by both individuals, and organizations in the special needs community. Richard is a self-described “cat-person.” Please visit him on the web at www.Kroll-LawOffice.com.

Who Will Protect Your Child from You?

This installment of The Voice was written by Special Needs Alliance member Joseph R. Gilsoul, Esq., of Gilsoul & Associates, Shreveport, Louisiana. He has practiced special needs law and estate planning for over 32 years and frequently speaks on these subjects to professional groups and the general public, including attorney continuing education seminars. Visit his website at www.Gilsoul-law.com.

In-Kind Support and Maintenance – A Trap for the Unwary

This edition of the Voice is written by Leonard Anderson, Esq. Leonard is a Partner at Barlow Anderson, LLC in Anchorage, Alaska, where he has been practicing in the elder law field for more than 25 years. He is a member the Special Needs Alliance and his practice areas include probate, estate planning, guardianships, special needs planning, and trusts. He is a past president of the Anchorage Bar Association and is a member of the Probate Rules Committee for State of Alaska.

Mediation Promotes Relationships, Dignity and Choice

ROXANNE J. CHANG, JD, MS LLP, is an attorney specializing in elder and special needs law. She is also a Limited Licensed Psychologist, with a Graduate Certificate in Gerontology. Ms. Chang has experience in consultation and advocacy for persons with dementia, developmental disabilities, and other individuals with special needs. She also provides conflict resolution services, including mediation and conflict coaching. Ms. Chang has a solo private practice in Plymouth, Michigan.

Finding a Balance of Autonomy, Support, and Assistance: Using Supported Decision-Making Agreements and Powers of Attorney

This edition of the Voice was written by Mark Todd Johnson, CELA. Mark is a partner at Johnson Teigen, LLC in Fitchburg, Wisconsin. The law firm serves clients of all ages and circumstances with wills, trusts, powers of attorney, special needs planning and trusts, long-term care planning (including Medicaid), and guardianships. He is the 2019-2020 president of the Wisconsin Chapter of the National Academy of Elder Law Attorneys.

How long do you have to work for Social Security Disability Insurance benefits if you are 30 and younger?

This installment of the Voice was written by Martha C. Brown, CELA, a Special Needs Alliance Member who has been practicing in the field of elder law and special needs for over 30 years and is a Certified Elder Law Attorney as certified by the National Elder Law Foundation. Her firm, Martha C. Brown & Associates, LLC, concentrates on the unique legal needs of the elderly, people with disabilities and the families who care for them.

Should a Special Needs Trust Pay for Medical Marijuana?

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Kyle Moore, Esq., who practices with the law firm of Weems, Schimpf, Haines, Shemwell & Moore, in Shreveport, Louisiana. He focuses on special needs planning, elder law and estate planning.

Requirements for Reprinting this Article: The below article may be reprinted only if it appears unmodified, including both the author description above the title and the "About this Newsletter" paragraph immediately following the article, accompanied by the following statement: "Reprinted with permission of the Special Needs Alliance - www.specialneedsalliance.org."