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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 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 [...]
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 [...]