THE VOICE

Finding a Balance of Autonomy, Support, and Assistance: Using Supported Decision-Making Agreements and Powers of Attorney

This edition of the Voice was written by Mark Todd Johnson, CELA. Mark is a partner at Johnson Teigen, LLC in Fitchburg, Wisconsin. The law firm serves clients of all ages and circumstances with wills, trusts, powers of attorney, special needs planning and trusts, long-term care planning (including Medicaid), and guardianships. He is the 2019-2020 president of the Wisconsin Chapter of the National Academy of Elder Law Attorneys.

2024-12-12T09:03:19-05:00Tags: |
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How long do you have to work for Social Security Disability Insurance benefits if you are 30 and younger?

This installment of the Voice was written by Martha C. Brown, CELA, a Special Needs Alliance Member who has been practicing in the field of elder law and special needs for over 30 years and is a Certified Elder Law Attorney as certified by the National Elder Law Foundation. Her firm, Martha C. Brown & Associates, LLC, concentrates on the unique legal needs of the elderly, people with disabilities and the families who care for them.

2025-01-07T10:21:33-05:00Tags: |
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Should a Special Needs Trust Pay for Medical Marijuana?

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Kyle Moore, Esq., who practices with the law firm of Weems, Schimpf, Haines, Shemwell & Moore, in Shreveport, Louisiana. He focuses on special needs planning, elder law and estate planning.

Requirements for Reprinting this Article: The below article may be reprinted only if it appears unmodified, including both the author description above the title and the "About this Newsletter" paragraph immediately following the article, accompanied by the following statement: "Reprinted with permission of the Special Needs Alliance - www.specialneedsalliance.org."

2024-12-12T09:17:09-05:00Tags: |
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Preserving SSI When Divorcing Parents Have a Child with Disabilities

Divorce is often a particularly stressful time for families. When divorcing parents have a child with disabilities, sorting through the financial issues can get complicated. Extra care should be taken to ensure that there are no unintended financial consequences and that the family is making the best use of available resources. Maintaining or applying for [...]

2024-12-12T09:21:26-05:00Tags: |
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Sometimes Less is More – Alternatives to Plenary Guardianship

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Timothy Rigby, Esq., who practices with Hart, Southworth & Witsman in Springfield, Illinois. The firm’s focus is estate planning and transactional matters, and Tim concentrates his practice in the areas of estate planning and special needs planning.

2024-12-12T09:43:23-05:00Tags: |
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Recommended Books for the Special Needs Community, Second Installment

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, & Price, P.A. The firm’s focus is to provide individuals who are aging or living with disabilities positive strategies 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 a past president of the Elder Law Section of the Minnesota State Bar Association, a member of the SNA board of directors, and is repeatedly named a super lawyer in the field of elder law by her peers.

2024-12-12T09:45:02-05:00
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SNT Beneficiaries on the Move: First in a Series

This installment of The Voice was written by Special Needs Alliance member Kristen M. Lewis, Esq., who practices in Atlanta, Georgia at Smith, Gambrell & Russell, LLP. Kristen is also a Fellow of the American College of Trust and Estate Counsel. She is a frequent national speaker on Special Needs Planning, and serves on the Boards of numerous non-profits that support individuals with disabilities and their families. In her vast amounts of free time, she trains certified service dogs for Canine Assistants in Milton, Georgia.

2024-12-12T10:15:05-05:00
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The Social Security Administration’s Special Needs Trusts Review Process

A Supplemental Security Income (SSI) recipient is eligible to receive a monthly cash benefit when the Social Security Administration (SSA) determines that, among other eligibility criteria, the recipient’s income and resources fall below certain limits. Generally, the SSA includes funds held in trust for the benefit of the recipient towards this resource limit; however, funds [...]

2024-12-12T10:23:07-05:00Tags: |
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Filing a Tax Return for a Special Needs Trust: What a Trustee Needs to Know at Tax Time

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment of The Voice was written by Special Needs Alliance member Tara Anne Pleat, Esq.. 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.

2025-02-10T13:48:37-05:00
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The “Special Needs Trust Fairness Act” is Finally Law: Individuals with Disabilities Can Now Establish Their Own Trusts

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment of The Voice was written by Special Needs Alliance member Morris Klein, CELA, who practices law in Bethesda, Maryland. Morris has been recognized as a Certified Elder Law Attorney by the National Elder Law Foundation, and focuses on elder law and special needs planning. He currently serves on the SNA Board of Directors, and is a former member of the Board of Directors of the First Maryland Disability Trust.

2024-12-12T10:29:48-05:00Tags: |
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SSI Rules for Students

This installment of the Voice was written by Special Needs Alliance member Barbara Isenhour, Esq., of the firm of Somers Tamblyn King Isenhour Bleck, PLLC in Seattle, Washington. Barbara's practice focuses on government benefits for individuals with disabilities and estate planning for families with children who have special needs. A board member of 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 individuals with disabilities.

2025-01-07T10:22:40-05:00Tags: |
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Political Advocacy by Parents of Children with Disabilities

This issue of the Voice was written by Special Needs Alliance member Lois M. Zerrer. Lois has practiced Elder and Special Needs Law in Springfield, Missouri for over thirteen years and speaks frequently on these topics for Special Needs professionals and families.

2024-12-12T10:38:27-05:00
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Income Taxes and Special Needs

This installment of the Voice was written by Robert B. Fleming, CELA. Robert is a partner in Fleming & Curti, PLC, a Tucson law firm focusing on special needs planning, trust administration, guardianship/conservatorship and estate planning. He is a Fellow of the American College of Trust and Estate Counsel, and also of the National Academy of Elder Law Attorneys. He has been a member of the Special Needs Alliance since its founding, and was one of the original co-authors of the SNA's Handbook for Trustees, the free online guide to managing special needs trusts.

2025-01-22T14:40:58-05:00Tags: |
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Representative Payee for Social Security Benefits

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Martha C. Brown, CELA, a Special Needs Alliance member in St. Louis, Missouri. Martha Martha Brownlimits 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 for the last six years. Through her numerous community presentations and continuing legal education presentations, Martha helps attorneys and the public understand and address legal issues concerning the elderly and people with disabilities. Currently Martha is participating in the statewide task force to rewrite the guardianship code in Missouri.

2024-12-12T10:51:01-05:00
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Distributions from Special Needs Trusts: In Kind Distributions, Credit Cards, Gift Cards, or Debit Cards

You are the trustee of a special needs trust. Your beneficiary (Beth) lives in public housing, receives SSI (Supplemental Security Income) and MA (Medical Assistance), and has just asked you for a $200 gift card to Target so that she can buy headphones, clothes, toiletries, and some food. Remember, a special needs trust (SNT) is [...]

2024-12-12T10:53:01-05:00Tags: |
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Telephone Scams Preying on Vulnerable Adults

This installment of the Voice was written by H. Amos Goodall, Jr., CELA of the State College, Pennsylvania law firm Goodall & Yurchak, P.C. His practice emphasizes estate planning and implementation for elders, persons with special needs and their families. A member of the Special Needs Alliance and the National Academy of Elder Law Attorneys, Amos is also a Fellow of the American College of Trusts and Estates Counsel. Amos wrote this article in consultation with Officer Kelly Aston of the State College Bureau of Police Services, State College, Pennsylvania.

2024-12-12T10:54:33-05:00
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Medicare Observation Status: Denying Medicare Coverage for Skilled Nursing Home Care

There is an increasing trend to admit Medicare beneficiaries for "observation" as outpatients rather than admitting them as regular hospital patients. This practice may prevent patients from obtaining proper inpatient and post-hospital care under Medicare. Since many individuals with disabilities depend on Medicare as their primary health insurance coverage, this practice can have a serious [...]

2024-12-12T11:24:38-05:00
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