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Does My Child Need a Guardianship?

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Hyman Darling, Esq., a partner in the Springfield, Massachusetts, firm of Bacon Wilson, P.C. Mr. Darling concentrates his practice in estate planning, elder law, probate, special needs and guardianships/conservatorships. Before joining Bacon Wilson, he was a trust officer for several years. A frequent speaker for civic and charitable organizations, he serves on the American Cancer Society National Professional Advisory Committee and the boards of several western Massachusetts nonprofit organizations for persons with disabilities. He serves on the board of directors and has served as Secretary of the National Academy of Elder Law Attorneys (NAELA).

Tax Considerations in Personal Injury Settlements

The Special Needs Alliance asked Jeremy Babener to summarize a presentation on tax issues in personal injury cases that he made at the Society of Settlement Planners Annual Meeting in Las Vegas on May 6. Babener is a tax attorney at Lane Powell PC and regularly advises on tax issues relating to lawsuits, structured settlements [...]

2025-12-31T11:38:13-05:00

Caregiving in a Digital World

By Professor Naomi Cahn, Harold H. Greene Professor of Law, George Washington University Law School, & Rev. Amy Ziettlow, Affiliate Scholar with the Institute for American Values You've heard all of the advice about backing up your computer regularly, making sure that you have your passwords stored in a safe place, protecting yourself against digital [...]

2024-05-09T15:47:52-04:00

Developing an Estate Plan for Parents of Children with Disabilities: A 15-Step Approach

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Laurie Hanson, Esq., a shareholder in the Minneapolis, Minnesota, elder law firm of Long, Reher & Hanson, P.A. with the help of her law clerk, Christine Jensen. The firm's focus is to provide positive strategies for individuals who are aging or living with disabilities to help them live as independently as possible for as long as possible. Laurie concentrates her practice exclusively in the areas of government benefit eligibility, special needs trusts, trust and public benefit litigation, estate planning, and planning for incapacity. She is the past president of the Elder Law Section of the Minnesota State Bar Association and is repeatedly named a super lawyer in the field of elder law by her peers.

Making School Sports Accessible

By Scott Suzuki, Esq., Honolulu, Hawaii The U.S. Department of Education recently published guidelines clarifying the responsibility of public schools to make sports more accessible to students with disabilities. Although both the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA) have long mandated that public education include sports-related accommodations, many districts [...]

2024-05-09T15:46:49-04:00

How Will the Affordable Care Act Affect SNTs?

Shirley B. Whitenack, Esq., Florham Park, New Jersey Under the Affordable Care Act (ACA), a hybrid system comprised of Medicaid and state-based insurance exchanges seeks to extend health coverage to all Americans. How will this shape the life care plans that families establish for loved ones with disabilities? Will special needs trusts (SNTs) continue to [...]

2025-12-30T15:09:07-05:00

Thinking It Through

What to Consider When Creating a Special Needs Trust By Katherine N. Barr, Esq. Many parents put off the process of setting up a special needs trust (SNT) for a child with disabilities. They worry about complexity and cost and that they'll be faced with difficult decisions. They may finally be prompted to call an [...]

2024-05-09T15:43:38-04:00

Caregiver Burnout Hurts the Entire Family

By Heather Nadler, CELA, Tucker, GA Caregiver burnout is a destructive syndrome. Individuals become so involved with the ongoing needs of a loved one with disabilities that they neglect their own well-being. By placing unreasonable and unrelenting demands on themselves, they descend into a state of emotional and physical exhaustion. Their complete focus on the [...]

2024-05-09T15:42:45-04:00

After the Evaluation . . .

"The child you take home is the same one you brought in." By Chris Kelsey, Board Member, Piedmont Down Syndrome Support Network Parents' first experience of their child's developmental evaluation by "the experts" can be pretty scary. They know their child well, and they know that he or she might not perform. They also may [...]

2025-12-30T15:03:38-05:00

CCD Task Force Seeks to Improve Social Security Processes

By Ethel Zelenske, Co-Chair, Social Security Task Force, Consortium for Citizens with Disabilities The Consortium for Citizens with Disabilities (CCD) is a working coalition of more than 100 national consumer, advocacy, provider and professional organizations, working together with, and on behalf of, the 57 million children and adults with disabilities and their families living in [...]

2021-01-11T10:14:23-05:00

Tax Tips for Families with Special Needs

By Richard L. Sayre, Esq., Spokane, WA It's time to begin organizing your tax documents, an exercise that can be particularly confusing when a family member has special needs. Here are some suggestions to bear in mind. Exemptions and Deductions When a loved one has special needs, the cost of health care is usually a [...]

2025-12-31T11:34:29-05:00

“Less Visible” Federal Programs Could Feel Budget Ax

By Bridget O’Brien Swartz, CELA As the 113th Congress gets down to business, it's all about the budget. Given the limited tax hike that was approved in the early hours of 2013, the long-term sustainability of many social services remains an issue and cuts appear inevitable. The question is where they will fall. Although entitlement [...]

2024-03-12T10:35:00-04:00

Updating Your Special Needs Trust – Begin with a Self Review

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Pacheco, California, Special Needs Alliance member Stephen W. Dale, Esq. of The Dale Law Firm, PC. Steve is a disability rights advocate and attorney dedicated to providing quality estate planning. He is a frequent speaker on a variety of disability related topics across the country. Steve regularly teaches courses to the public, financial professionals, and other attorneys on special needs trusts and trust administration. Additionally, he serves as the trustee for the Golden State Pooled Trust. Steve offers numerous videos and handouts to the public and his colleagues at www.achievingindependence.com.

2024-05-06T14:31:56-04:00Tags: |

Caregiver Agreements Can Clarify Family Roles

By Leonard F. Berg, CELA Paying a relative for care of a frail parent or of an adult child or sibling with disabilities is an option that sometimes solves a variety of problems. "Caregiver agreements" can enable an individual with special needs to remain living within the community at the same time that it provides [...]

2024-05-09T15:37:43-04:00

Your Special Needs Trust (“SNT”) Defined

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Amy C. O`Hara, CELA, an attorney with the New York law firm of Littman Krooks LLP. Her practice focuses on special needs planning, trust administration, guardianships, elder law, veterans' benefits and estate planning and administration. Amy is a member of the Special Needs Alliance and active participant of the publications committee. She is also a member of the New York State Bar Association. Amy graduated from the State University of New York at Buffalo Law School.

2024-05-06T14:31:09-04:00Tags: |

The Olmstead Decision and Mental Health Systems Reform

By Ronald S. Honberg, Director of Policy & Legal Affairs, National Alliance on Mental Illness In 1999, the U.S. Supreme Court issued a decision in which it found that the Americans with Disabilities Act (ADA) gives people with disabilities, including people living with serious mental illness, the right to receive services in the most integrated [...]

2025-12-30T15:01:36-05:00

Transition Planning Can Shape a Life

By Andrew H. Hook, CELA Transition planning, the preparation of a young person with special needs for adulthood, should begin before the student turns 16. Many school divisions choose to begin this planning when the students enters high school, typically at the age of 14. To the extent possible, the student should work with parents, [...]

2024-05-09T15:35:09-04:00

Structured Settlements Don’t Always Make Sense

By Evan Krame When an individual with disabilities is anticipating a personal injury award, spreading guaranteed payments over time through a "structured settlement" is a popular option. The attractive features of annuitizing a recovery don't always work well, however, for people with special needs. The best reason to support structured settlements is to have payouts [...]

2025-12-30T15:00:40-05:00