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 [...]
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.
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 [...]
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, [...]
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 [...]
By Leonard F. Berg, CELA Alzheimer's is a disease that affects the entire family in major ways, but given that its onset is often gradual, there are opportunities to make adjustments that may reduce the turmoil. The early stages, before severe dementia intervenes, are a time to understand your loved one's wishes and to begin [...]
This issue of The Voice was written by Special Needs Alliance member Tara Anne Pleat, Esq., a founding partner of the law firm of Wilcenski & Pleat PLLC in Clifton Park, New York. She practices in the areas of Special Needs Planning, Elder Law, and Trust and Estate Planning and Administration. Tara writes and lectures frequently on issues affecting individuals with disabilities and their families.
By Karen Kirks Alexander, AIA, President, KKA Architecture, PA As families and their attorneys plan for the special needs of their loved ones, critical health care is always rightfully at the top of the list of concerns. However, the family and a team of professionals, including attorney, financial planner, life coach and specialized architect, should [...]
By Jo-Anne Herina Jeffreys, Esq. It's well documented that individuals with disabilities are far more likely to suffer abuse and violence than the rest of the population. They're often isolated, poor, and dependent upon others for living assistance, making them particularly vulnerable. Trusted caregivers, in fact, are frequently the perpetrators. In addition to sexual and [...]
By Robert F. Brogan, CELA At one time, it was common for neurologists to wait until a child was about five to broach the topic of developmental delays with parents. Since children learn fastest during their early years, that meant that valuable time was lost, during which therapy might have reduced or reversed physical and [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment's author is Edward V. Wilcenski, Esq., a founding partner of the law firm of Wilcenski & Pleat PLLC in Clifton Park, New York. He practices in the areas of special needs planning, elder law, and trust and estate planning and administration. A member and past president of the Special Needs Alliance, Ed writes and lectures frequently on issues affecting individuals with disabilities and their families.
By Jeremy Hilton I am a Navy veteran and spouse to an active duty Air Force member. After our daughter, Kate, was born with a number of significant disabilities, I resigned my commission to be a stay-at-home dad. This year I was honored as Military Spouse of the Year for my advocacy on behalf of [...]
This issue of The Voice was written by Special Needs Alliance member Patricia A. Nelson-Reade, Esq., an attorney with Nelson-Reade Law Office, P.C. of Portland, Maine. Her practice focuses on special needs planning, elder law and estate planning and administration. Patricia is also a registered nurse. She has been selected by her peers for inclusion in the Best Lawyers in America, been recognized as a "super lawyer" by the New England Super Lawyers publication for her work in elder law, and was named in the Inaugural Edition of the U.S. News Best Lawyers, Best Law Firms, again in the area of elder law. Patricia has continuously received the highest rating in ethics and has been classified as a preeminent lawyer under the Martindale-Hubbell peer review. She often lectures to the public and professionals on special needs planning and special needs trusts.
By John Chimarusti, Ph.D, LMSW During the 1960s and 1970s, there was a concept that was commonly referred to as "chronic sorrow" for parents who had children with special needs. Psychologists believed that most families went through seven stages of grieving: shock, confusion, anger/guilt, hope, depression, understanding and acceptance. It was thought that parents experienced [...]
By Pi-Yi G. Mayo, CELA It's been said that navigating the Social Security and Medicaid systems is a "sprint," while applying for Veterans Administration (VA) benefits is a "marathon." The relevant law is far more complex and the process is riddled with challenges. In 2009, the VA set itself the goal of the resolving all [...]
By Lili A. Vasileff There are few challenges more difficult than going through divorce and having a child with special needs. As a divorced, single parent of a beautiful daughter with special needs, I can tell you that you realize immediately that the burden of future planning, well-being and protection fall squarely on your shoulders [...]
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. The firm's focus is to provide positive strategies to individuals who are aging or living with disabilities to enable them to 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.
By Michelle DePolo, Psy.D., Pediatric Psychologist, KidsLink Neurobehavioral Center It has been well established that parents of children with autism experience greater stress than parents of children with other developmental disabilities. Whether it is trying to determine what your child is attempting to communicate, managing self-injurious behaviors, or creating a daily structure and routine that [...]
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 (2010). Ken often serves as a trustee of special needs trusts at his clients' request.
Ken is a member of the Special Needs Alliance, a national, non-profit organization committed to helping individuals with disabilities, their families, and the professionals who represent them. Contact information for a member in your state can be obtained by calling toll-free 1-877-572-8472, or by visiting: www.specialneedsalliance.org.
By James McCarten, Esq. Students with disabilities, just like every other young person, want a fulfilling career. A job is the foundation of independence, a gateway to community life and a means of self-expression. Parents can and do play an important role in this quest, encouraging loved ones to explore their interests, then advocating for [...]