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. Unfortunately, my lack of awareness wasn't unusual. According to the National Institutes of Health, since first identified in 1991, only a few hundred cases of [...]
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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 practice. Supported decision-making is an effort to promote the rights of people with disabilities to make their own decisions by developing the skills and support [...]
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 earmarked for future injury-related costs that would otherwise be covered by Medicare. The confusion arises because CMS (The Centers for Medicare and Medicaid Services) has [...]
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.
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 about teachers, the other children, homework, lunchtime and much, much more. Get Ahead of the Curve Before classes begin make arrangements to take your child [...]
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 for your son or daughter. But do you know the most important question? Selecting your trustee is at least as critical as getting the trust [...]
SNA attorneys have ongoing involvement with a wide array of issues faced by individuals with disabilities, their families and the professionals who serve them. Below is a sampling of posts from member blogs and newsletters. Supported Decision-Making: A Model Alternative to Guardianship? Supported decision-making is an approach to enabling individuals with intellectual and developmental disabilities to control the [...]
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 on their behalf. The facility was in violation of the Americans with Disabilities Act and Fair Housing Act, having barred residents of its assisted living [...]
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 on their behalf. The facility was in violation of the Americans with Disabilities Act and Fair Housing Act, having barred residents of its assisted living [...]
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. With its passage in July 1990, discrimination based on disabilities was banned in employment, public accommodations, telecommunications and government programs. Sponsored by recently retired Senator [...]
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 are meant to establish an agent's decision-making authority, but in practice, it doesn't always work that way. Time and again, health care professionals ignore medical [...]
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 become socially isolated without classes to attend. And, of course, if their life skills and academic work aren't being consistently reinforced, months of hard-won progress [...]
Barbara Marquand, nerdwallet.com
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 [...]
Kevin Graham, QuickenLoans.com
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 and efficiencies that benefit families with special needs. Assistive Technology Technical advances are making it easier to communicate directly with clients who are nonverbal. One [...]
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