Finding Out Your Power of Attorney Is Powerless
By Paula Span, New York Times
Roundup: Family Case Study/Modified Curriculums/Paying Home Care Workers
SNA attorneys have ongoing involvement with the wide-ranging issues faced by individuals with disabilities, their families and the professionals who serve them. Below is a sampling of posts from member blogs and newsletters. Family Case Study Planning for the long-term needs of a loved one with disabilities is a big job. Check out this case study about [...]
Bipartisan Policy Center Recommends Long-Term Care Innovations
By Robert F. Brogan, CELA It was in late 2013 that the Bipartisan Policy Center (BPC), led by former Senators Tom Daschle (D) and Bill Frist (R), began studying the financing and delivery of long-term care. It took only a few months for them to assess the problem's scope. Long-term care is costly in the [...]
Vote!
By The Arc "Vote as if your life depends on it," Justin Dart, Jr., the disability rights pioneer often known as the father of the Americans with Disabilities Act, implored us, "Because it does." Our core values call us to focus on voting during Developmental Disabilities Awareness Month in this critical election year. The Arc's [...]
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.
Strategies for Funding a Special Needs Trust
By James McCarten, Esq. With all the daily responsibilities that parents juggle when one of their children has a disability (and, therefore, special needs), it's tough to find time to plan for the future. But that's what it takes when a loved one has a disability that may affect his/her ability to be self-supporting. It [...]
Choosing Summer Camp for Kids with Disabilities
By Mary Waltari, Esq. The summer camp experience can benefit a child with special needs and parents alike, but they're likely to feel anxious ahead of time. For kids, it's fear of the unfamiliar. For parents, it's worries about having someone who doesn't really know their child suddenly take charge. But if properly researched, spending [...]
When Special Needs Kids Turn 18
By Jade Moon, MidWeek
Roundup: When You Suspect a Disability/Guardianship Mediation/Nursing Home Discharges
SNA attorneys have ongoing involvement with the wide-ranging issues faced by individuals with disabilities, their families and the professionals who serve them. Below is a sampling of posts from member blogs and newsletters. When You Suspect Your Child May Have a Disability... It can be overwhelming to realize that your child may have a disability. Read tips [...]
Katie Beckett Waiver Brings Home Care to Kids with Serious Disabilities
By Tara Anne Pleat, Esq. In many states, the Medicaid program can generally be seen as having a strong institutional bias when it comes to coverage of long-term care, forcing many families to place loved ones in skilled care facilities or similar institutional settings, despite longstanding efforts to serve individuals with disabilities in mainstream settings. [...]
A Closer Look at 529 Able Accounts
By Ann Carrns, The New York Times
Special Needs and the Affordable Care Act
Shirley B. Whitenack, Esq. The Affordable Care Act (ACA) was passed nearly six years ago and its insurance exchanges are over two years old. How have individuals with disabilities fared under the new system, which is meant to make health coverage universally available? Improvements are undeniable, but gaps remain. While there are more options, making [...]
ABLE Account or Special Needs Trust: How to Decide?
Scott C. Suzuki, Esq., Parenting Special Needs
Long Waiting Lists for Community Services Deny ADA Rights
By Jason Frank, CELA and Jenna L. Snyder Both the Americans with Disabilities Act (ADA) and the Supreme Court's related Olmstead decision support an individual's right to receive long-term care in the least restrictive manner possible. Yet when families ask if Medicaid can help them pay for home and community-based services (HCBS), the answer is [...]
Trust Advisory Committees Can Guide Trustee Decisions
By B. Bailey Liipfert, III, CELA Acting as trustee for a special needs trust (SNT) is a demanding responsibility, and one person or bank trust department may not possess all the knowledge and skills needed for the job. Families sometimes create a trust advisory committee to guide professional trustees who don't know the beneficiary well, [...]
Pairing Advance Directives with Supported Decision-Making
By Michael A. Kirtland, CELA When a young person reaches the age of 18 (19 or 21 in certain states), they are legally considered an adult. For many it's an exciting threshold, full of promise. Still, they may face medical, financial and educational decisions which could benefit from the advice and assistance of others. Unless [...]
Celebrating the Holidays When a Child Has Special Needs
By Jo-Anne Herina Jeffreys, Esq. Holiday crowds, twinkling lights and unfamiliar scents can confuse and even frighten a child with disabilities. The season’s disruptions can be particularly painful for those who don’t handle change well. But with a little planning, you can contain the stress. Prepare Your Child Preparing your child in advance by revisiting [...]
Consider Special-Purpose Trusts When Facing Mental Illness or Substance Abuse
By Shawn Majette, Esq. Over the last 30 years, I have participated in more than 10,000 involuntary civil commitment hearings. Each involved someone alleged to have been so seriously mentally ill or substance-addicted that he or she could not safely remain in the community. Each involved lawyers, handcuffs and forensic examiners. This note explains how [...]
Implementing the ABLE Act
By John Ariale, Esq., Guest Blogger One year ago, the chances for passage of the Achieving a Better Life Experience (ABLE) Act seemed bleak. However, for those of us advocating for its passage, our lame duck strategy worked, and the ABLE Act was signed into law on December 19, 2014. The intent behind ABLE was [...]
How to Draw Up a Special Needs Trust for a Child With Disabilities
U.S. News and World Report