By Robert B. Fleming, CELA As the parent of a child with disabilities, you may already know that you have to establish a trust to handle any inheritance you leave for your son or daughter. But do you know the most important question? Selecting your trustee is at least as critical as getting the trust [...]
SNA attorneys have ongoing involvement with a wide array of 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. Supported Decision-Making: A Model Alternative to Guardianship? Supported decision-making is an approach to enabling individuals with intellectual and developmental disabilities to control the [...]
It was in 2011 that individuals living at Harbor's Edge, a continuing care retirement community (CCRC) in Norfolk, asked a Special Needs Alliance member attorney to file a discrimination suit on their behalf. The facility was in violation of the Americans with Disabilities Act and Fair Housing Act, having barred residents of its assisted living [...]
It was in 2011 that individuals living at Harbor's Edge, a continuing care retirement community (CCRC) in Norfolk, asked a Special Needs Alliance member attorney to file a discrimination suit on their behalf. The facility was in violation of the Americans with Disabilities Act and Fair Housing Act, having barred residents of its assisted living [...]
By Emily A. Donaldson, CELA This year marks the 25th anniversary of the Americans with Disabilities Act (ADA), landmark legislation likened in scope to the Civil Rights Act of 1964. With its passage in July 1990, discrimination based on disabilities was banned in employment, public accommodations, telecommunications and government programs. Sponsored by recently retired Senator [...]
By Professor Kim Dayton Making medical and financial choices for an aging parent or other adult with special needs can be stressful. Health care directives and financial powers of attorney are meant to establish an agent's decision-making authority, but in practice, it doesn't always work that way. Time and again, health care professionals ignore medical [...]
Who doesn't love summer vacation? But when a child has special needs, all that free time brings challenges. Youngsters who thrive on routine can find schedule changes disorienting. Some may become socially isolated without classes to attend. And, of course, if their life skills and academic work aren't being consistently reinforced, months of hard-won progress [...]
Barbara Marquand, nerdwallet.com
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 [...]
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 [...]
Kevin Graham, QuickenLoans.com
By Robert B. Fleming, CELA & Dennis S. Voorhees, CELA Technology is reshaping home and workplace--and law offices are no exception. Software, cloud computing and mobile devices have introduced convenience and efficiencies that benefit families with special needs. Assistive Technology Technical advances are making it easier to communicate directly with clients who are nonverbal. One [...]
This file is part of the Documents Library.
This file is part of the Documents Library.
This file is part of the Documents Library.
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 [...]
Tara Siegel Bernard, New York Times
By Trudy R. Jacobson, Senior Executive Officer, Development & Marketing, The Arc Hosted by: The Arc, United Cerebral Palsy (UCP), Association of University Centers on Disabilities (AUCD), American Association on Intellectual and Developmental Disabilities (AAIDD), National Association of Councils on Developmental Disabilities (NACDD), and Self-Advocates Becoming Empowered (SABE) Promotional Support Provided by: Sibling Leadership Network [...]
Kelly A. Thompson, SpouseBuzz.com
By Ron M. Landsman, Esq. Special needs trusts (SNTs) enable funds to be saved on behalf of an individual with disabilities without affecting their eligibility for means-tested programs such as SSI (Supplemental Security Income) and Medicaid. Since income generated within trusts is often subject to high tax rates, it’s sometimes assumed that the same is [...]