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A Short Primer on Trusts and Trust Taxation

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance members Barbara Hughes, Esq. of Madison, Wisconsin and Tara Anne Pleat, Esq. of Clifton Park, New York. Barbara is a partner in the law firm of Hill, Glowacki, Jaeger & Hughes, LLP, where her practice is focused on special needs planning, elder law, and general estate planning and administration. A Fellow and past board member of the National Academy of Elder Law Attorneys (NAELA), in recent years she has consistently been recognized as one of the city's best attorneys in Madison Magazine and selected as a Wisconsin estate planning and probate Super Lawyer in Law and Politics Magazine, ranking since 2009 as one of Wisconsin's 25 top women attorneys. Tara is 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.

2024-05-06T14:20:04-04:00
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Advocacy in an Election Year

By Lois M. Zerrer It's an election year, and budget discussions at all levels of government are threatening decades of progress on behalf of individuals with disabilities. The stakes are high, and campaigning officials will be especially open to conversations with their constituents. If you've never before advocated with elected representatives, this is a good [...]

2024-05-07T14:40:26-04:00
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Using Pooled Trusts In Estate Planning

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Stuart D. Zimring, Esq. of North Hollywood, California. Mr. Zimring is the lead author of "Fundamentals of Special Needs Trusts" and co-author of "California Guide to Tax, Estate & Financial Planning for the Elderly" (both published by LexisNexis). He is certified as a specialist in Estate Planning, Probate and Trust Law by the Board of Specialization of the State Bar of California and is a Fellow of both the National Academy of Elder Law Attorneys and the American College of Trust & Estate Counsel. He serves on the boards of directors of several not-for-profit organizations focusing on the needs of seniors and those with disabilities, including ONEgeneration in Southern California and the National Senior Citizens Law Center.

2024-05-06T14:19:07-04:00Tags: |
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The Letter of Intent: Advice for the Future Team

By Brian Rubin, Esq., Attorney and Parent of a 31-Year-Old Son with Autism A letter of intent (LOI), also referred to as a letter of guidance, is a roadmap for your child's "Future Team," the future trustees, guardians, and caregivers (both family and professional service providers). No one knows and understands your child as you [...]

2024-05-07T14:39:45-04:00
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Military Life Complicates Care Plans for Dependents with Special Needs

By Kelly A. Thompson, Esq. Managing the care of a child with special needs is time-consuming and stressful. But for military families, who must relocate every three years, the process is grueling. A recently published study, co-authored by the National Council on Disability and the U.S. Marine Corps, details the challenges faced by participants in [...]

2024-05-07T14:39:14-04:00
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Dear Grandma and Grandpa…

The Voice is the e-mail newsletter of the Special Needs Alliance. This installment was written by Special Needs Alliance member 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. Ed is a past President of the Special Needs Alliance, and writes and lectures frequently on issues affecting individuals with disabilities and their families

Long-time readers of The Voice know that we rarely repeat an issue. In the world of disability there are many important topics to choose from, so the challenge has really been in deciding which topics are of most interest to our readers rather than finding something interesting in the first place. Because the Voice has many new readers each year, we know that many of our current readers may have missed this article when it first appeared in November of 2010. With this in mind, we've decided to reprint this article written by Edward V. Wilcenski, hoping that it may catch newer readers before they make their final decisions on how to make holiday gifts to their family members and friends with disabilities.

2024-05-06T14:18:20-04:00
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Accessible Transportation Is Key to Independence

By Richard A. Courtney, CELA Accessible transportation is central to quality of life for individuals with disabilities. Unfortunately, it's just one more public service that has fallen victim to budget-cutting. I know that what I'm observing here in Jackson, Mississippi, is replicated throughout the U.S. Too few routes and wheelchair-accessible buses to support a growing [...]

2024-05-07T14:38:40-04:00
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Is There a Place for a Family Member with Special Needs in The Family Business?

Jefferey Yussman, Esq. is a member of the Estate Planning Group of Wyatt Tarrant & Combs, LLP, in Louisville, Kentucky, where he chairs the firm's special needs planning practice. His practice is concentrated in the areas of estate planning and administration, business succession planning and charitable planning, but the birth of his two special needs children 20 years ago led him into the sub-specialty of planning for individuals with special needs. In addition to the Special Needs Alliance (where he is a member of the board), Mr Yussman is a Fellow of the American College of Trust and Estate Counsel, and is listed in America's Best Lawyers, Estate Planning (Kentucky estate planner of the year in 2010) and Elder Law, as well as Kentucky Super Lawyers. Mr. Yussman is the current board chairman of Wellspring, a Kentucky organization providing crisis stabilization and housing supports for mentally ill adults, and is a current executive board member of The Community Foundation of Louisville.

2024-05-06T14:17:26-04:00
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Balancing Wages with Public Benefits

By Barbara Isenhour, Esq. Individuals with disabilities and their families often worry about the effect that the individual's working will have on government benefits. Holding a job—aside from delivering a paycheck—is an important route to independence and self-esteem. On the other hand, disability cash benefits such as SSDI (Social Security Disability Insurance) and SSI (Supplemental [...]

2024-05-07T14:38:09-04:00
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Work History Requirements for Social Security Disability Insurance

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Gregory Wilcox, of the Law Office of Gregory Wilcox in Berkeley, California. His firm focuses on government benefits and estate planning for the elderly and for individuals with disabilities. Greg is a Certified Elder Law Attorney (CELA); co-author of Special Needs Trusts: Planning, Drafting, and Administration and California Elder Law Resources, Benefits, and Planning; and a board member of California Advocates for Nursing Home Reform (CANHR) in San Francisco. Other articles he has written can be found on the CANHR website.

2024-05-06T14:16:36-04:00
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CLASS Act’s Demise Underscores Long-Term Care Crisis

By Joseph R. Gilsoul, Esq. A crisis looms concerning long-term care for individuals with disabilities. Very soon large numbers of baby boomers will begin to develop arthritis, Alzheimer's and other conditions requiring them to seek assistance with basic daily tasks. A potential first step towards addressing this problem—CLASS (Community Living Assistance Services and Supports)—is unlikely [...]

2022-04-14T10:25:15-04:00
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Guardianship Varies by State

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 [...]

2024-05-07T14:37:36-04:00
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How Work Can Affect Title II Disability Benefits Part II: Ticket to Work and Extension of Medicare and Medicaid Benefits

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.

2024-05-06T14:15:43-04:00
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Can you Work While on a Disability

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.

2024-05-06T14:14:51-04:00
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The Education Power of Attorney: Empowering Students with Disabilities

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, [...]

2024-05-07T14:36:53-04:00
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The Trust Protector as Insurance Policy

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 [...]

2024-05-07T14:36:16-04:00
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Special Needs Information on the Internet: Proceed with Caution

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.

2024-05-06T14:13:56-04:00
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Divorce Settlements Can Imperil Public Benefits

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. [...]

2024-05-07T14:35:46-04:00
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Care Managers: Professionals Who Make It Personal

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 [...]

2021-07-20T16:08:13-04:00
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Utilizing the Spend Down Option to Maintain SSI and/or Medicaid Eligibility

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.

2024-05-06T14:12:44-04:00
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