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 [...]
A fairly recent court decision, In the Matter of Mark C.H., involved the obligations of the trustee of a special needs trust, and serves as the focus of this issue of The Voice. The case involved an accounting proceeding brought by the co-trustees of a supplemental needs trust established for Mark, an autistic man living [...]
Any child can be a victim of bullying or harassment, but research has shown that children with special needs are both more likely to be bullied or harassed and also more likely to be seriously harmed by it. In addition, children with special needs may be less likely to be able to seek help to [...]
As lawyers in elder and disability practices, Special Needs Alliance members have many experiences that feed our empathy and understanding, but not all of us have parents with dementia or a child with a disability. One thing we have learned, though, over many years of practice, is that if you have seen one child or [...]
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 and a Fellow of the American College of Trust & Estate Counsel (ACTEC). He is listed in Best Lawyers in America and has been designated as a Missouri Super Lawyer. 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.
This issue of The Voice is written by Ken W. Shulman, Esq. who is a partner in the Boston, Massachusetts, office of Day Pitney LLP. Ken focuses his practice on estate planning and related issues for families who have children with disabilities and on elder law. He has served as a board member for several human service agencies including the Greater Boston ARC and presently serves as a board member for the Asperger's Association of New England. He also serves on the Combined Jewish Philanthropies Committee on Disabilities and previously served on the Board of Directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. He is a co-author of Managing a Special Needs Trust, People with Disabilities Press (2012). Ken often serves as a trustee of special needs trusts at his clients' request.
This issue of the Voice was written by Robert B. Fleming, CELA, a founding member of the Special Needs Alliance and a partner in the Tucson, Arizona, law firm of Fleming & Curti, PLC. Mr. Fleming represents family members who are guardians, conservators or trustees; he also frequently acts as trustee of special needs trusts. He travels and speaks extensively on taxation and trust administration issues. His website is at https://elder-law.com/.
This issue of the Voice was written by SNA member Shirley B. Whitenack, Esq. of Schenck, Price, Smith & King, LLP and an associate at her firm, Crystal West Edwards. Shirley's practice focuses on elder and special needs law and estate and trust litigation, planning and administration. She is a Fellow and the Vice President of the National Academy of Elder Law Attorneys (NAELA) and is a member of its Council of Advanced Practitioners (CAP). Crystal's practice focuses on elder and special needs law. She is a member of the Elder and Disability Law Section of the New Jersey Bar Association, NAELA, and Secretary of the New Jersey Chapter of NAELA and the Garden State Bar Association.
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance members Ann N. Butenhof, CELA and Judith L. Bomster, Esq., of Butenhof & Bomster, P.C., in Manchester, New Hampshire. Both Ann and Judith focus their practices on estate planning, special needs planning, elder law, and probate and trust administration. Ann is a Certified Elder Law Attorney and a Fellow of the American College of Trust and Estate Counsel (ACTEC). Judith currently serves on the Ethics Committee of the New Hampshire Bar Association, and was the primary drafts person for New Hampshire's first pooled special needs trust program for third party trusts. Both Ann and Judith are members of the National Academy of Elder Law Attorneys (NAELA).
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 (www.wplawny.com). 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.
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Amy C. O`Hara, CELA and her co-author, Sheryl Frishman. Amy and Sheryl are attorneys with the New York law firm Littman Krooks LLP, specializing in special needs planning, trust administration, guardianships, elder law, and estate planning and administration. Amy is an active participant of the Special Needs Alliance publications committee and is a member of the New York State Bar Association. Sheryl's practice is devoted entirely to the advocacy and life planning needs of children and adults with disabilities and their families. She is immediate past President of the Board of Directors of Westchester Arc. Sheryl also serves on the Board of Governors and Legal Committee of NYSARC Inc.
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Hyman Darling, Esq., a partner in the Springfield, Massachusetts, firm of Bacon Wilson, P.C. Mr. Darling concentrates his practice in estate planning, elder law, probate, special needs and guardianships/conservatorships. Before joining Bacon Wilson, he was a trust officer for several years. A frequent speaker for civic and charitable organizations, he serves on the American Cancer Society National Professional Advisory Committee and the boards of several western Massachusetts nonprofit organizations for persons with disabilities. He serves on the board of directors and has served as Secretary of the National Academy of Elder Law Attorneys (NAELA).
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, P.A. with the help of her law clerk, Christine Jensen. The firm's focus is to provide positive strategies for individuals who are aging or living with disabilities to help them 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 the past president of the Elder Law Section of the Minnesota State Bar Association and is repeatedly named a super lawyer in the field of elder law by her peers.
The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Pacheco, California, Special Needs Alliance member Stephen W. Dale, Esq. of The Dale Law Firm, PC. Steve is a disability rights advocate and attorney dedicated to providing quality estate planning. He is a frequent speaker on a variety of disability related topics across the country. Steve regularly teaches courses to the public, financial professionals, and other attorneys on special needs trusts and trust administration. Additionally, he serves as the trustee for the Golden State Pooled Trust. Steve offers numerous videos and handouts to the public and his colleagues at www.achievingindependence.com.
The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Amy C. O`Hara, CELA, an attorney with the New York law firm of Littman Krooks LLP. Her practice focuses on special needs planning, trust administration, guardianships, elder law, veterans' benefits and estate planning and administration. Amy is a member of the Special Needs Alliance and active participant of the publications committee. She is also a member of the New York State Bar Association. Amy graduated from the State University of New York at Buffalo Law School.
This issue of The Voice was written by Special Needs Alliance member Tara Anne Pleat, Esq., 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.
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.
This issue of The Voice was written by Special Needs Alliance member Patricia A. Nelson-Reade, Esq., an attorney with Nelson-Reade Law Office, P.C. of Portland, Maine. Her practice focuses on special needs planning, elder law and estate planning and administration. Patricia is also a registered nurse. She has been selected by her peers for inclusion in the Best Lawyers in America, been recognized as a "super lawyer" by the New England Super Lawyers publication for her work in elder law, and was named in the Inaugural Edition of the U.S. News Best Lawyers, Best Law Firms, again in the area of elder law. Patricia has continuously received the highest rating in ethics and has been classified as a preeminent lawyer under the Martindale-Hubbell peer review. She often lectures to the public and professionals on special needs planning and special needs trusts.
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, P.A. The firm's focus is to provide positive strategies to individuals who are aging or living with disabilities to enable them 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 the past president of the Elder Law Section of the Minnesota State Bar Association and is repeatedly named a Super Lawyer in the field of elder law by her peers.
This issue of The Voice is written by Ken W. Shulman, Esq. who is a partner in the Boston, Massachusetts, office of Day Pitney LLP. Ken focuses his practice on estate planning and related issues for families who have children with disabilities and on elder law. He has served as a board member for several human service agencies including the Greater Boston ARC and presently serves as a board member for the Asperger's Association of New England. He also serves on the Combined Jewish Philanthropies Committee on Disabilities and previously served on the Board of Directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. He is a co-author of Managing a Special Needs Trust, People with Disabilities Press (2010). Ken often serves as a trustee of special needs trusts at his clients' request.
Ken is a member of the Special Needs Alliance, a national, non-profit organization committed to helping individuals with disabilities, their families, and the professionals who represent them. Contact information for a member in your state can be obtained by calling toll-free 1-877-572-8472, or by visiting: www.specialneedsalliance.org.