By Scott Suzuki, Esq. With the increasing mobility of American families, the need to transfer guardianships between states is on the upswing. A new job (or military assignment), supports that better meet the ward's needs, or even a more favorable climate are among the many motivations. Moving is one of the most stressful things that [...]
Brian Neal Rubin, J.D., Parenting Special Needs.org
Marielle Hazen, Esq., Exceptional Parent
By Elizabeth L. Gray, Esq. A recent article by Judith Graham, "The New Old Age, A Misunderstood Directive," (New York Times, 20 November, 2013) got me thinking about "Do Not Hospitalize" (DNH) orders. As attorneys, we routinely put such orders in our advance directives without a detailed explanation to our clients. What is a "Do [...]
His art has been exhibited throughout the U.S., in Kiev, Galapagos, Curacao and the Cayman Islands. He can compose music on a computer, without the benefit of sound. He's won medals for ballroom dancing. Yet a skills evaluation, conducted, when Seth Chwast - who has profound autism - was 18, indicated that he could look [...]
By H. Amos Goodall, Jr., CELA Caring for a loved one with special needs can run into millions of dollars over the course of their lifetime, so the last thing families need is to pay unnecessary taxes. I'd estimate that before beginning to work with a special needs attorney, 30 percent of my clients had [...]
This issue of the Voice was written by SNA member Shirley B. Whitenack, Esq. of Schenck, Price, Smith & King, LLP and an associate at her firm, Crystal West Edwards. Shirley's practice focuses on elder and special needs law and estate and trust litigation, planning and administration. She is a Fellow and the Vice President of the National Academy of Elder Law Attorneys (NAELA) and is a member of its Council of Advanced Practitioners (CAP). Crystal's practice focuses on elder and special needs law. She is a member of the Elder and Disability Law Section of the New Jersey Bar Association, NAELA, and Secretary of the New Jersey Chapter of NAELA and the Garden State Bar Association.
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 [...]
By 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 [...]
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 [...]
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 [...]
By Bridget O’Brien Swartz, CELA 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 [...]
By Bridget O’Brien Swartz, CELA and Morris Klein, CELA 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 [...]
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 [...]
Protecting Public Benefits By John F. Kearns III, CELA, 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. [...]
By Jefferey 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 instance, [...]
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 [...]
By Ann McGee Green, Esq. This past summer, one of my client families was successful in having – for the first time in Virginia – a microboard-named guardian for their foster daughter with special needs. A microboard is a formalized "circle of support," a non-profit corporation consisting of a small group of individuals who assist [...]
By Brian Rubin, Esq. Deciding whether or not an adult child with disabilities should move from the family home into a supported, community-based residence can be wrenching experience. Aside from a desire for their loved one to live as fulfilling and independent a life as possible, mom and dad must plan for the time when [...]
By Martha C. Brown, CELA Today, the expectations of individuals with special needs are radically different from those of previous generations. They plan to participate in community life to the fullest extent possible, based upon their individual capabilities. And this attitude is mirrored by many family members. A growing self-advocacy movement stresses the intention of [...]