By Shirley B. Whitenack, Esq. Regardless of the severity of an individual's cognitive impairment, that individual is presumed to be a competent adult at the age of 18. If the person will be unable to make important choices, the naming of one or more guardians should be considered. A guardian is a court appointee who [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Barbara Isenhour, Esq., of the firm of Isenhour Bleck, PLLC in Seattle, Washington. The firm focuses on government benefits for individuals with disabilities and estate planning for families with special needs children. A board member of NAMI Eastside in Redmond, Washington, and Full Life Care in Seattle, Barbara frequently lectures around the state of Washington on issues involving special needs trusts and government benefits for the elderly and disabled.
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Barbara Isenhour, Esq., of the firm of Isenhour Bleck, PLLC in Seattle, Washington. The firm focuses on government benefits for individuals with disabilities and estate planning for families with special needs children. A board member of NAMI Eastside in Redmond, Washington, and Full Life Care in Seattle, Barbara frequently lectures around the state of Washington on issues involving special needs trusts and government benefits for the elderly and disabled.
By Barbara Hughes, Esq. When individuals with disabilities reach the age of 18, they are legally considered to be adults and in charge of their own education decisions. At this point, some will need to have parents or another adult appointed as guardian, to handle all or most of the decision-making. On the other hand, [...]
By Robert B. Fleming, CELA Planning for the lifelong care of a loved one with special needs is daunting. Even the most carefully constructed special needs trust can't be expected to account for all contingencies. Appointing a trust protector can provide added security when you're no longer able to monitor the trust's management yourself. Because [...]
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 Katherine N. Barr, Esq. The prevalence of divorce for couples having a child with special needs is hotly contested. Some studies cite divorce rates up to 85 percent, while studies at the Kennedy Center at Vanderbilt University have reported significantly lower rates than the general population for couples having a child with Down syndrome. [...]
By Dennis M. Sandoval, CELA The role of care manager developed over the past decade, originating in the field of eldercare to handle situations in which there were no nearby relatives to assist aging individuals. Responsibilities can vary greatly. A care manager may be needed to ensure that someone with a mental illness continues to [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Carol S. Battaglia, Esq. of San Diego, California. She is one of the authors of Special Needs Trusts: Planning, Drafting and Administration, published by the State Bar of California. Carol also serves as counsel to the Special Needs Trust Foundation of San Diego, a charitable pooled special needs trust. Her practice is limited to the creation of estate plans using special needs trusts and assisting trial lawyers in implementing special needs trusts and other strategies to receive an injured party's settlement funds while maintaining eligibility for government assistance.
By Stephen W. Dale, Esq. It may be counter-intuitive, but when considering trustees for your child's special needs trust (SNT), naming a sibling - or another family member - is not a good idea. Having them on the front line for day-to-day activities could be a disservice to everyone involved. A more successful model, instead, [...]
The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member James A. Caffry, Esq., a sole practitioner in Waterbury, Vermont. Jim's practice is concentrated in special needs planning and advocacy. One of Jim's three children, his eleven year old son, has autism and other special needs. Jim is a current member of the Vermont Developmental Disabilities Council, and a past member of the Vermont Autism Task Force and the Vermont Act 135 Autism Planning Committee. You can learn more about Jim, his firm and his practice at www.caffrylaw.com.
By Ann McGee Green, Esq. Transition planning, which readies a young person with disabilities for adulthood, should ideally begin at the age of 14 or 15. At that time, the teen, parents, and educators should discuss the skills that will be needed to support "life after school." Will college be an option? Is employment likely? [...]
By Brian Rubin, Esq. The availability of community-based housing is enormously important for individuals with disabilities. Living in natural home settings and interacting with the wider community provide opportunities for personal growth, independence, and the building of self-esteem. For more than 20 years, I have served on the board of directors of Clearbrook, a social [...]
The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Craig C. Reaves, CELA of Reaves Law Firm, PC. in Kansas City, Missouri. Holding the CELA (Certified Elder Law Attorney) designation from the National Elder Law Foundation, he is a Past President and Fellow of the National Academy of Elder Law Attorneys, a Fellow of the American College of Trust & Estate Counsel (ACTEC), and has been selected for inclusion on the Kansas and Missouri Super Lawyers list for every year since 2005. Mr. Reaves is an adjunct professor of elder law at the law schools of the University of Kansas and the University of Missouri-Kansas City. He practices law in Kansas and Missouri with major emphasis in the areas of estate planning, elder law, special needs trusts and planning for persons who have a disability.
By Bridget O’Brien Swartz, CELA The budget deficit dialogue underway at both state and federal levels seriously threatens the well-being of individuals with disabilities. Various proposals to restructure Medicaid are being floated, but the one that has received the most publicity would end the federal government’s commitment to pay approximately 60 percent of state expenditures [...]
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Bryn Poland, Esq. and Pi-Yi G. Mayo, CELA, of the Law Office of Pi-Yi Mayo, in Baytown, Texas (mayopoland.com). Their practice focuses on elder law and special needs planning, including special needs trusts, Medicare set-asides, and Qualified Settlement Funds. Both are members of the National Academy of Elder Law Attorneys and the Texas chapter (TX NAELA). Pi-Yi is a Certified Elder Law Attorney, Special Needs Alliance Executive Committee member, and currently serves on the Board of the TX NAELA chapter. Bryn graduated from Washburn University School of Law in 2007 and currently serves as Co-Chair of the Elder Law Committee of the Houston Bar Association. Together they have authored many papers covering topics from long term care insurance to Pickle people (https://mayopoland.com/resources/).
The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Martha C. Brown, CELA, at the St. Louis, Missouri law firm of Martha C. Brown & Associates, LLC. She limits her practice to elder law and special needs law. A Fellow of the National Academy of Elder Law Attorneys and a Certified Elder Law Attorney, Martha has been designated a Super Lawyer in Kansas City Magazine for the last five years. Through her continuing legal education presentations and community presentations, Martha helps attorneys and the public understand and address legal issues concerning the elderly and people with disabilities.
The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Robert Mason, a partner in the Savannah elder law firm of MasonCerbone and the North Carolina firm of Mason Law, PC. Bob is certified as an elder law attorney by the National Elder Law Foundation, is past Chairman of the Elder Law Section of the North Carolina Bar, and secretary of the Elder Law Section of the Georgia State Bar. You can e-mail Bob at [email protected], or visit his website at www.masonlawpc.com.
The Voice® is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Leonard F. Berg, CELA. A graduate of the Washington University School of Law in St. Louis, Missouri, Leonard is a solo practitioner in East Alton, Madison County, Illinois. Leonard's prior experience includes service as a public defender, prosecutor, and municipal attorney and he has participated in mental health commitment hearings representing both patients and the state. His practice currently focuses on estate planning, special needs planning and elder law. Leonard has been designated as an Illinois Leading Lawyer. He is involved in a variety of civic organizations and has been a speaker for numerous civic groups.
The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Sarasota, Florida attorney Mary Alice Jackson, Esq., a member of the Special Needs Alliance and active participant on its Public Policy Committee. She is a partner at Boyer & Jackson, P.A., where her practice includes special needs and long term care planning, estate planning, probate and end-of-life issues. Mary Alice is also an active member of the National Academy of Elder Law Attorneys, a past Chair of the Florida Bar Elder Law Section, and an adjunct professor in the Stetson University College of Law Elder LL.M. program.