By Scott Suzuki, Esq. Laws have to apply to everyone and this rigid standard can cause problems when dealing with the issue of "legal capacity," because capacity can’t be measured by a single standard. Someone may be perfectly capable of managing some daily tasks but may need assistance with others. For example, a person may [...]
By Krista S. Peyton, Esq., Guest Blogger Families find it difficult to navigate the special ed system. In my experience, there’s a tendency for school districts to push a one-size-fits-all model, with parents expected to accept what’s on offer. My son, Maxwell, was diagnosed with autism at the age of three, and through grade nine, [...]
There are two types of Special Needs Trusts (SNTs), commonly designated as first-party and third-party SNTs. It is important to determine which type of SNT you have or need. This depends upon whose property is funding the SNT. If the property funding the SNT originates with the SNT beneficiary, then it is a first-party SNT. However, if the property funding the SNT always belonged to someone other than the SNT beneficiary, then it must be drafted as a third-party SNT.
By Neal A. Winston, CELA When individuals with disabilities live with family members, it can complicate their eligibility for Supplemental Security Income (SSI). Since SSI’s monthly cash payments are meant to pay for food and shelter, contributions from others for such living expenses may reduce SSI or could disqualify the beneficiary completely. With planning, that [...]
In case you missed this: Adopting a Child with Special Needs By Mary L. Waltari, Esq. There's a growing need by children with disabilities for permanent, loving homes. If you think you're ready to adopt a child with special needs, it's important to the child, yourself and your family to research the financial, educational, medical and [...]