Trust Committee
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Trust Funding-Titling Memo to Third Parties
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Typical D4A
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Zprexa client letter
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When People with Disabilities Divorce
By Barbara Hughes, Esq., and Edward V. Wilcenski, Esq. Studies indicate that divorce rates increase with the onset of a disability. While any divorce is likely to be disruptive, when one or both partners have special needs, there are additional complications. Marital laws differ by state, but here are issues to consider. Question of Capacity [...]
Blog Roundup: Service Dogs/Health Care Surrogates/Educating Kids in Nursing Homes
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 recent posts from member blogs. Service Dogs: What to Do if Your Service Dog is Denied Public Access Businesses are required under the Americans with Disabilities [...]
Considerations when Initiating or Settling a Personal Injury Action
This issue of The Voice is written by Ken W. Shulman, Esq. who is a partner in the Boston, Massachusetts, office of Day Pitney LLP. Ken focuses his practice on estate planning and related issues for families who have children with disabilities and on elder law. He has served as a board member for several human service agencies including the Greater Boston ARC and presently serves as a board member for the Asperger's Association of New England. He also serves on the Combined Jewish Philanthropies Committee on Disabilities and previously served on the Board of Directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. He is a co-author of Managing a Special Needs Trust, People with Disabilities Press (2012). Ken often serves as a trustee of special needs trusts at his clients' request.
Getting Creative: Models for Filling the Housing Gap
By Mary O’Byrne, Esq., and Stephen W. Dale, Esq. Previous installments of this three-part series have examined the scope and causes of the housing crisis faced by people with disabilities, as well as government programs designed to address it. This final article explores models being used by nonprofits, families and private industry-often with the help [...]
When Parents Can’t Pay
On Paper, Filial Support Laws Hold Adult Children Accountable By Jason Frank, CELA, CAP, Fellow of NAELA It's no secret that long-term care is in crisis. Today, many nursing home bills are paid by Medicaid, but with the aging of baby boomers and increased longevity, that program will face increasing pressure. As states seek budget-balancing [...]
Blog Roundup: Robot Caregivers/Medicare Changes/Marriage Under Guardianship/Community Care for Seniors
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 recent posts from member blogs. Is Rosie the Robot the Future of Caregiving? A study finds that Americans don’t like the idea of using robots to [...]
Trustees Should Use Professional Administration for MSAs Inside SNTs
By Douglas Shaw, COO, Medivest and Tom Matson, National Account Manager, Medivest An injury settlement of any variety can present a host of complex issues that the settling parties must take into account. One such issue centers around a dually eligible claimant, who is either currently receiving, or is eligible to receive, both Medicare and Medicaid [...]
PBATS and The Arc Join Forces to Promote Inclusion
The Special Needs Alliance and The Arc collaborate on issues of mutual interest. The Arc promotes and protects the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes. The Professional Baseball Athletic Trainers Society (PBATS) and The Arc have announced a [...]
Second Chance: Rescued Dogs Help Vets Heal
By Nell Graham Sale, CELA During World War I, it was termed "shell shock." But while the psychological toll of war isn't new, veterans with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI) continue to battle the common misperception that mental health and "war injury" are mutually exclusive. They face the same stereotypes foisted [...]
Attorneys Explain Interplay of SNTs and Medicare Set-Asides
Representing SNA at the recent annual conference of the National Alliance of Medicare Set-Aside Professionals (NAMSAP), Kristen L. Behrens, of the Begley Law Group, and Shannon A. Laymon-Pecoraro, of the Hook Law Center, discussed how to integrate Medicare set-asides (MSAs) with first party special needs trusts (SNTs) created to hold personal injury settlements. An SNT [...]
Blog Roundup: Home and Community Care/Least Restrictive Environment/”Sole Benefit” SNT Distributions/Hospitals and Family Caregivers
HCBS--A Cost-Effective Method of Providing Care Home and community-based care is less expensive than nursing home care and has the potential to ease states' Medicaid burden. Read on. https://lawprofessors.typepad.com/elder_law/2014/05/hcbs-a-cost-effective-method-of-providing-care.html Does the Least Restrictive Environment (LRE) Work for Your Child? An inclusive environment isn't always the best educational solution for a student with special needs. Read [...]
Missing the Mark – Government Housing Programs for People with Special Needs
By Mary O’Byrne, Esq., and Stephen W. Dale, Esq. In the first article of this three-part series, we examined the scope and causes of the crisis in housing for individuals with disabilities. Here, we describe government efforts to address it. The performance of government at all levels has been inconsistent with regard to the housing [...]
Understanding SNT Groundrules Can Avoid Disappointment
By Bridget O’Brien Swartz, CELA, Vice President & Senior Trust Officer, First International Bank & Trust Beneficiaries and their families generally have high expectations regarding special needs trusts (SNTs), which are designed to enhance quality of life for a loved one with disabilities without threatening eligibility for means-tested government programs. But SNTs are subject to [...]
The Affordable Care Act and Personal Injury Awards
SNA President Marielle F. Hazen, CELA recently spoke on the "Impact of the Affordable Care Act (ACA) on SNT and Settlement Planning" to an audience of 200 at the 2014 annual meeting of National Structured Settlements Trade Association. After providing a quick overview of the ACA, she focused on its potential effect on personal injury [...]
Blog Roundup: Caregiving Spouses/SNTs and Child Support/Home- and Community-Based Care
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 recent posts from member blogs: New Report Finds that Spouses Who Are Caregivers Are More Likely than Other Caregivers to Perform Demanding Medical/Nursing Tasks A study [...]
Tax Tips for Parents of a Child with Special Needs
This issue of the Voice was written by Robert B. Fleming, CELA, a founding member of the Special Needs Alliance and a partner in the Tucson, Arizona, law firm of Fleming & Curti, PLC. Mr. Fleming represents family members who are guardians, conservators or trustees; he also frequently acts as trustee of special needs trusts. He travels and speaks extensively on taxation and trust administration issues. His website is at https://elder-law.com/.