By Glynis A. Ritchie, Esq. Parents of children with special needs have lots on their plates. When it comes to estate planning, the tasks at hand can be complicated, and the choices parents have to make – how to provide for their child’s needs when they are not around and whom to name as fiduciaries [...]
By Martha C. Brown, CELA Special needs trusts (SNTs) are established to supplement the benefits that individuals with disabilities receive from government programs, such as Medicaid and SSI (Supplemental Security Income). They protect funds intended to enhance quality of life without rendering the beneficiary ineligible for means-tested benefits. Since SSI is meant to cover food [...]
By Sage C. Hart, Esq. High school graduation is a milestone for any student, but when a young adult has disabilities, it ushers in a period of even greater change. While attending public school, students with special needs are legally entitled to a wide array of services, but once they leave (by the age of [...]
By Judith L. Smith, Esq. Bullying in its many forms is a serious, all-too-common problem, and social media has moved this abuse online. The bullying may involve insults, threats or physical violence, with results that range from damaged self-esteem to poor academic performance to bodily injury. Children with special needs are more frequently targeted by [...]
Barbara Hughes, center, Vice President of The Arc Dane County, chaired the stunningly successful event. From left, Danielle Sendelbach and Bianca McCormick from Barbara’s office were two of the many volunteers who helped out. On Saturday, October 20, nearly 50 children and adults with special needs, along with adult companions, braved high winds and the [...]
By Sally L. Schoffstall, CELA Dementia is on the rise with the aging of baby boomers. Nearly six million individuals in the U.S. have Alzheimer’s, while others deal with cognitive decline related to Parkinson’s disease, stroke, Downs Syndrome or other medical conditions. The changes are often wrenching, as parents become vulnerable and adult children grieve [...]
By Tara Anne Pleat, Esq. It is not uncommon for parents who are creating a supplemental needs trust (SNT) for a loved one with disabilities to assume that naming one of the child’s siblings as the trustee is a perfect solution. They often believe that someone who’s grown up alongside the beneficiary is best positioned [...]
Emily Kingsley and son Jason are prominently featured in Andrew Solomon’s Far from the Tree, recognized by The New York Times as one of the 10 Best Books of 2012, and in the film of the same name. Far from the Tree explores family relationships when a child is significantly different from parents. Jason has [...]
By Emily A. Donaldson, CELA As mid-term elections approach, the stakes are high for individuals with disabilities. Budget battles are being waged at every level of government, threatening Medicaid, SSDI, Medicare and other programs that are essential to their quality of life. The Voting Rights Act of 1965, Americans with Disabilities Act and Help American [...]
By Neal A. Winston, CELA Supplemental Security Income (SSI) is a monthly cash payment to qualifying individuals with disabilities, based on financial need. While it often forms the foundation of their financial security, its requirements are both strict and complex. Even attorneys who don’t routinely deal with public benefits may get confused. So it’s not [...]
By Daniel Surprenant, CELA Special needs trusts (SNTs) are financial instruments designed to enhance quality of life for individuals with disabilities by supplementing the government benefits available to them. Assets held in SNTs aren’t counted when determining an individual’s eligibility for means-tested public programs such as Medicaid and Supplemental Security Income (SSI). Since personal circumstances [...]
The Special Needs Alliance (SNA) and ABLE National Resource Center (ANRC) have agreed to collaborate on efforts to educate individuals with disabilities, their families and other stakeholders on how ABLE accounts and special needs trusts (SNTs) can contribute to improved quality of life. Funds held in either instrument, if properly used, are not considered countable [...]
By Lisa Orlando, Invo-Progressus Communication is such a fundamental part of who we are that we can take for granted how often we use these skills. Speaking, listening, questioning and responding are all a part of our daily lives. That is why so much emphasis is placed on communication regarding your child with special needs. [...]
By Kelly A. Thompson, Esq. The Social Security Administration (SSA) has appointed millions of representative payees to manage Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) for individuals who are unable to handle their own finances. Such assistance, which is provided to minors, as well as those with cognitive disabilities or substance abuse [...]
By Desiree Kameka, Autism Housing Network As the project leader for the Autism Housing Network, I have visited over 100 residential options and social enterprises across our country. I have seen the great, the good, the bad, and the “I thought this was a good idea.” Abraham Maslow was right when he listed “shelter” as [...]
By Shawn Majette, Esq. Special needs planning for a loved one with mental illness is complicated. Symptoms tend to wax and wane. This makes it difficult to balance protection and security with an individual’s right to privacy and independence. The key is to design legal instruments that adjust to changing circumstances. Families can often predict [...]
By Kelly A. Thompson, Esq. Given packed schedules, fragmented services and lack of information, how can families get started with special needs planning? A University of Illinois study found that fewer than half its respondents had done long-term planning for their children with developmental disabilities. Getting Started While the challenges are significant, the reality is [...]
Older Adults with Developmental Disabilities Want to Age in Place Pamela Merkle is executive director of the St. Louis-based, nonprofit Association on Aging with Developmental Disabilities (AADD). “Individuals with developmental disabilities are living longer, thanks to advances in healthcare.” she begins. “For the first time, large numbers are outliving caregiver parents, and because they seldom [...]
By James McCarten, Esq. As a 2017 holiday present to taxpayers, Congress passed tax legislation that your representatives, senators and many tax professionals have described as the most significant overhaul of our tax laws since 1986, when President Ronald Reagan's tax bill was passed. What follows is an overview of those provisions of what was [...]
By Amy C. O`Hara, CELA There are an estimated 11.4 million individuals receiving services through both Medicare and Medicaid. These individuals, or “dual eligible beneficiaries,” are among some of the most vulnerable members of the patient population, due to a combination of low income and a high incidence of chronic health conditions. However, dual eligible [...]