Loud & Clear: Family Conversations2022-02-17T08:40:51-05:00

Loud & Clear: Family Conversations is written by our member attorneys and guests for individuals with disabilities and their families. We tackle the day-to-day and long-range issues that affect the quality of life. Readers are welcome to comment on the discussion, though we can not answer legal questions here. For answers to specific legal questions, please find an attorney in our Directory.

Terminating a Special Needs Trust

By Charlene K. Quade, Esq. Individuals establish special needs trusts (SNTs) to protect assets intended to supplement means-tested government benefits for a sole beneficiary, and to preserve the individual’s eligibility [...]

April 14th, 2017|28 Comments

A Place Of Her Own (Part II)

The 2014 CMS Home and Community-Based Settings Rule By James McCarten, Esq. This is the second in a series of three articles exploring the challenges, options and effects of new [...]

January 4th, 2017|Comments Off on A Place Of Her Own (Part II)

Retirement Funds and SNTs

Watch Out for the Details By Andrew H. Hook, CELA Retirement accounts are often among a family’s largest assets, so you may have thought about leaving a portion to your [...]

January 4th, 2017|1 Comment

A Place Of Her Own

By James McCarten, Esq. First and foremost, I am Diane's husband and Kathryn's father. After that, I am an attorney and a "tax nerd," which is the title bestowed on [...]

November 10th, 2016|0 Comments

New Rule Would Ban Required Arbitration in Nursing Home Disputes

By Shirley B. Whitenack, Esq. New regulations from the Centers for Medicare and Medicaid Services (CMS), scheduled to become effective November 28, 2016, prohibit federally funded nursing homes from requiring [...]

November 10th, 2016|Comments Off on New Rule Would Ban Required Arbitration in Nursing Home Disputes

ABLE Implementation: Fall 2016 Update

By Taylor Woodard MPAff & MSSW, Program Associate, The Arc There have been numerous developments in ABLE programs since the enactment of the Stephen Beck, Jr. Achieving a Better Life [...]

October 24th, 2016|2 Comments

When Should You Consider a Pooled Trust?

By Janet Lowder, CELA, and Elena Lidrbauch, CELA Directly receiving a personal injury settlement, inheritance or other sizable sum of money can derail the finances of someone with disabilities. That's [...]

September 27th, 2016|2 Comments

Government Programs for Children with Disabilities

By Mary Waltari, Esq. Are you aware of the federal government programs available to minors? Some cover all minors and some cover only minors with disabilities. They vary from cash [...]

September 19th, 2016|Comments Off on Government Programs for Children with Disabilities

Finding the Right In-Home Aide

By Paula Peaden, Esq. In-home services are often the key to keeping individuals with disabilities of all ages living in the mainstream community. But hiring and working with aides in [...]

September 2nd, 2016|0 Comments

How to Open an ABLE Account

By Stephen W. Dale, Esq. The first ABLE programs have been launched in Florida, Nebraska, Ohio and Tennessee, and three of them welcome applicants from other states. Since accounts can [...]

August 9th, 2016|Comments Off on How to Open an ABLE Account

Adopting a Child with Special Needs

By Jennifer L. Lile, CELA There are up to 134,000 children with "special needs" awaiting permanent homes, according to the National Adoption Center, and the demand is growing. In the [...]

July 25th, 2016|0 Comments

Consider Sole Benefit Trusts for Medicaid Spend Down

By Jane Skelton, Esq. Long-term care is expensive, and an older individual may consider Medicaid to pay for that care. If the individual has a family member or friend with [...]

July 6th, 2016|Comments Off on Consider Sole Benefit Trusts for Medicaid Spend Down

Special Needs Trusts and Federal Student Aid

By Christopher W. Smith, Esq. When a special needs trust (SNT) is being set up, families are typically most concerned about government benefit programs like Medicaid and Social Security. But [...]

June 26th, 2016|Comments Off on Special Needs Trusts and Federal Student Aid

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