Monthly Archives: November 2013

Guardianship and Mental Illness

2019-06-25T18:33:27+00:00

By Martha C. Brown, CELA When someone is living with severe mental illness, the process of obtaining guardianship can be particularly complex. Symptoms may be intermittent, leading individuals to resist legally imposed assistance and making it difficult for a court to establish whether or not they are competent to care for themselves. The goal, of [...]

Guardianship and Mental Illness2019-06-25T18:33:27+00:00

Family Members Should Consider Trust Protector Role

2019-06-25T18:29:12+00:00

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 they [...]

Family Members Should Consider Trust Protector Role2019-06-25T18:29:12+00:00

Reflections on Developmental Disabilities Awareness Month

2019-06-25T18:25:29+00:00

By Reginald H. Turnbull, CELA March is Developmental Disabilities Awareness Month, a time to reflect on the truly dramatic advances made by the special needs community, as well as the challenges remaining before us. Families that have advocated on behalf of loved ones with disabilities are remarkable. They have consistently eschewed labels, fighting to eradicate [...]

Reflections on Developmental Disabilities Awareness Month2019-06-25T18:25:29+00:00

Mental Illness Awareness Month

2019-06-25T18:11:54+00:00

A Largely Unaddressed Epidemic By Laurie Hanson, Esq. October is Mental Illness Awareness Month, almost an oxymoron. Do you realize that more people in the U.S. have mental illness than any other disability? That a quarter of all adults experience mental illness each year? And that over 50 percent of them will go without the [...]

Mental Illness Awareness Month2019-06-25T18:11:54+00:00

Harkin Report Cites Lack of Community Services

2019-06-26T17:13:42+00:00

By Bridget O'Brien Swartz, Esq. In 1999, the Supreme Court's Olmstead decision found that delivering services in a segregated setting when such services could otherwise be provided in a less restrictive, more integrated setting, violated the Americans with Disabilities Act. As a result, states were directed to provide services within the mainstream community to the [...]

Harkin Report Cites Lack of Community Services2019-06-26T17:13:42+00:00

Looming Budget Deadlines Threaten Safety Net

2019-06-26T17:10:21+00:00

By Bridget Swartz and Morris Klein As federal budget deliberations become increasingly urgent, there are a number of issues in play: Given that Senate and House versions of the 2014 budget are $91 billion apart and that the fiscal year begins on October 1, a short-term continuing resolution to provide temporary funding will almost certainly [...]

Looming Budget Deadlines Threaten Safety Net2019-06-26T17:10:21+00:00

Tax Planning for Families With Special Needs

2019-08-26T19:27:09+00:00

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 [...]

Tax Planning for Families With Special Needs2019-08-26T19:27:09+00:00

Structured Settlements and SNTs

2019-08-28T17:08:14+00:00

Protecting Public Benefits By Jay Kearns, 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. While structured settlements [...]

Structured Settlements and SNTs2019-08-28T17:08:14+00:00

The Untapped Talent of Workers with Disabilities

2019-06-26T14:21:19+00:00

By Jefferey M. Yussman, Esq. Unemployment for people with disabilities hit 16.8 percent last summer. The Equal Employment Opportunity Commission reports that in fiscal 2011, it received more complaints of disability-related employment discrimination than during the previous year. Much misunderstanding persists concerning the individual capabilities of people with special needs. Researchers at Cornell University, for [...]

The Untapped Talent of Workers with Disabilities2019-06-26T14:21:19+00:00

March Is Developmental Disabilities Awareness Month

2019-06-26T14:02:27+00:00

Advances and Setbacks By Robert B. Fleming, CELA In 1987 President Ronald Reagan proclaimed March “Developmental Disabilities Awareness Month.” The deinstitutionalization movement of the seventies and early eighties had laid the foundation for significant social change, and the presidential proclamation called upon Americans to provide the "encouragement and opportunities" necessary for people with developmental disabilities [...]

March Is Developmental Disabilities Awareness Month2019-06-26T14:02:27+00:00

FIND YOUR ATTORNEY