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.
Long Waiting Lists for Community Services Deny ADA Rights
By Jason Frank, CELA and Jenna L. Snyder Both the Americans with Disabilities Act (ADA) and the Supreme Court's related Olmstead decision support an individual's right to receive long-term care [...]
Trust Advisory Committees Can Guide Trustee Decisions
By B. Bailey Liipfert, III, CELA Acting as trustee for a special needs trust (SNT) is a demanding responsibility, and one person or bank trust department may not possess all [...]
Pairing Advance Directives with Supported Decision-Making
By Michael A. Kirtland, CELA When a young person reaches the age of 18 (19 or 21 in certain states), they are legally considered an adult. For many it's an [...]
Celebrating the Holidays When a Child Has Special Needs
By Jo-Anne Herina Jeffreys, Esq. Holiday crowds, twinkling lights and unfamiliar scents can confuse and even frighten a child with disabilities. The season’s disruptions can be particularly painful for those [...]
Consider Special-Purpose Trusts When Facing Mental Illness or Substance Abuse
By Shawn Majette, Esq. Over the last 30 years, I have participated in more than 10,000 involuntary civil commitment hearings. Each involved someone alleged to have been so seriously mentally [...]
Implementing the ABLE Act
By John Ariale, Esq., Guest Blogger One year ago, the chances for passage of the Achieving a Better Life Experience (ABLE) Act seemed bleak. However, for those of us advocating [...]
A Delicate Balance – How Working Affects Public Benefits
By Jefferey Yussman, Esq. Employment is an important road to independence and self-esteem. But some individuals with disabilities worry that accepting a job offer will disqualify them for means-tested benefits, [...]
Glut1 Deficiency Syndrome: A Little-Understood Disability
By Emma Hemness, CELA Before representing the Special Needs Alliance (SNA) at the Glut1 Deficiency Syndrome Foundation's annual conference in Orlando, I knew very little about the disease being discussed. [...]
How You Can Promote Supported Decision-Making for People with Intellectual and Developmental Disabilities
By Robin Shaffert, Senior Executive Officer, Individual & Family Support, The Arc You may have heard about supported decision-making and wonder what it is and how it applies to your [...]
Ignoring Medicare Set-Asides Puts Coverage at Risk
By Pi-Yi G. Mayo, CELA & Bryn Poland, Esq. When a personal injury suit is being settled, one often overlooked step is the creation of a "Medicare Set-Aside (MSA)," money [...]
Back-to-School Tips for Children with Special Needs
By Tara Anne Pleat, Esq. As a new school year approaches, nerves often take center stage for many families who have children with special needs. Parents and children alike worry [...]
Siblings Don’t Always Make the Best Trustees
By Robert B. Fleming, CELA As the parent of a child with disabilities, you may already know that you have to establish a trust to handle any inheritance you leave [...]
Justice Department Upholds Rights of Seniors with Disabilities
It was in 2011 that individuals living at Harbor's Edge, a continuing care retirement community (CCRC) in Norfolk, asked a Special Needs Alliance member attorney to file a discrimination suit [...]
Americans with Disabilities Act Turns 25
By Emily A. Donaldson, CELA This year marks the 25th anniversary of the Americans with Disabilities Act (ADA), landmark legislation likened in scope to the Civil Rights Act of 1964. [...]
Having Your Say: What if Advance Directives Are Ignored?
By Professor Kim Dayton Making medical and financial choices for an aging parent or other adult with special needs can be stressful. Health care directives and financial powers of attorney [...]
Making the Most of Summer Vacation
Who doesn't love summer vacation? But when a child has special needs, all that free time brings challenges. Youngsters who thrive on routine can find schedule changes disorienting. Some may [...]
Attorneys Use Technology to Better Serve Clients
By Robert B. Fleming, CELA & Dennis S. Voorhees, CELA Technology is reshaping home and workplace--and law offices are no exception. Software, cloud computing and mobile devices have introduced convenience [...]
SNTs, Qualified Disability Trusts and ABLE Accounts: Slashing Tax Liability
By Ron M. Landsman, Esq. Special needs trusts (SNTs) enable funds to be saved on behalf of an individual with disabilities without affecting their eligibility for means-tested programs such as [...]
Developmental Disabilities Awareness Month: Opportunities and Misconceptions
By Margaret Graham, Esq. March is Developmental Disabilities Awareness Month. Owing to parent advocacy and landmark legislation, communities have become significantly more responsive to the needs of people such as [...]
Understanding the Role of Representative Payee
By Neal A. Winston, CELA According to the Social Security Administration (SSA), over seven million individuals currently require assistance with their monthly SSI (Supplemental Security Income) or Social Security Retirement, [...]