When a Family Member Serves as Trustee – “Fair and Honest Is Not Enough”

When a Family Member Serves as Trustee – “Fair and Honest Is Not Enough”

2024-05-06T14:29:34-04:00Tags: Finding Answers Trust Administration|

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.

Military Families Face Legal Inequities

2024-05-09T15:25:22-04:00

By Jeremy Hilton I am a Navy veteran and spouse to an active duty Air Force member. After our daughter, Kate, was born with a number of significant disabilities, I resigned my commission to be a stay-at-home dad. This year I was honored as Military Spouse of the Year for my advocacy on behalf of [...]

Special Needs Trusts and the Purchase of a Vehicle

2024-05-06T14:28:45-04:00Tags: Finding Answers Trust Administration|

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 Emotional Journey of Families with Special Needs

2024-05-09T15:22:59-04:00

By John Chimarusti, Ph.D, LMSW During the 1960s and 1970s, there was a concept that was commonly referred to as "chronic sorrow" for parents who had children with special needs. Psychologists believed that most families went through seven stages of grieving: shock, confusion, anger/guilt, hope, depression, understanding and acceptance. It was thought that parents experienced [...]

VA Benefits: A Broken Bureaucracy

2024-05-09T15:22:01-04:00

By Pi-Yi G. Mayo, CELA It's been said that navigating the Social Security and Medicaid systems is a "sprint," while applying for Veterans Administration (VA) benefits is a "marathon." The relevant law is far more complex and the process is riddled with challenges. In 2009, the VA set itself the goal of the resolving all [...]

Divorce and Children with Special Needs

2024-05-09T15:20:53-04:00

By Lili A. Vasileff There are few challenges more difficult than going through divorce and having a child with special needs. As a divorced, single parent of a beautiful daughter with special needs, I can tell you that you realize immediately that the burden of future planning, well-being and protection fall squarely on your shoulders [...]

SNAP! Food Assistance for Persons with Disabilities

2024-05-06T14:28:00-04:00Tags: Finding Answers Housing|

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.

What Makes Autism so Uniquely Stressful?

2024-05-09T15:19:47-04:00

By Michelle DePolo, Psy.D., Pediatric Psychologist, KidsLink Neurobehavioral Center It has been well established that parents of children with autism experience greater stress than parents of children with other developmental disabilities. Whether it is trying to determine what your child is attempting to communicate, managing self-injurious behaviors, or creating a daily structure and routine that [...]

Funding a Special Needs Trust with Life Insurance

2024-05-06T14:27:15-04:00

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.

The Search for Community-Based Jobs

2024-05-09T15:18:46-04:00

By James McCarten, Esq. Students with disabilities, just like every other young person, want a fulfilling career. A job is the foundation of independence, a gateway to community life and a means of self-expression. Parents can and do play an important role in this quest, encouraging loved ones to explore their interests, then advocating for [...]

Charitable Intentions – Uncharitable Results

2024-05-06T14:26:28-04:00Tags: Finding Answers – Taxation|

The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Mary Alice Jackson, Esq., a member of the Special Needs Alliance and active participant on its Public Policy Committee. She is a partner at Boyer & Jackson, P.A., with offices in Sarasota, Florida, and Austin, Texas. Her practice includes special needs and long-term care planning, estate planning, probate and end-of-life issues. Mary Alice is also an active member of the National Academy of Elder Law Attorneys, a past Chair of the Florida Bar Elder Law Section, and an adjunct professor in the Stetson University College of Law Elder LL.M. program.

The Katie Beckett Difference

2024-05-09T15:17:28-04:00

By Robert B. Fleming, CELA Katie Beckett, who died recently at the age of 34, directly changed the lives of more than half a million children with disabilities. She inspired millions of children, their parents and the entire disability community. Due to encephalitis, she spent her earliest years in a hospital. In 1981, though doctors [...]

False Arrest

2024-05-09T15:16:37-04:00

Mental Health and the Criminal Justice System By William King Self, Jr., CELA There are large numbers of underserved individuals with mental illness in communities across the U.S.--largely due the federal government's failure to fund community programs in the wake of deinstitutionalization. A disproportionate number of these individuals become embroiled with the criminal justice system. [...]

How to Fight Bullying

2024-05-09T15:07:37-04:00

By Judith C. Saltzman Parents increasingly recognize the dangers of bullying. One nationwide survey finds that 30 percent of parents with kids ages 12-17 fear bullying more than kidnapping! Children with disabilities are even more at risk. Another study finds that those with autism are three times more likely than neurotypical children to become victims. [...]

View “My Special Child: Protecting Their Future”

2020-04-30T16:57:36-04:00

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Citizenship Status and Disability Benefits

2024-05-06T14:25:38-04:00

The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Barbara Isenhour, Esq., of the firm of Isenhour Bleck, PLLC in Seattle, Washington. The firm focuses on government benefits for individuals with disabilities and estate planning for families with special needs children. A board member of NAMI Eastside in Redmond, Washington, and 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 disabled.

A Self-Advocate’s Perspective

2024-05-09T15:08:28-04:00

Melanie Courtney, a legal assistant with Frascogna Courtney PLLC, has conducted training in self-advocacy for The Arc of Mississippi. The Special Needs Alliance recently interviewed her concerning this growing movement within the disability community. SNA: How would you define "self-advocacy"? Melanie: Self-advocacy is about empowering someone with a disability to have a voice, enabling them [...]

Sibling Perspectives on Special Needs

2024-05-09T15:09:21-04:00

By Benjamin A. Rubin, Esq., LLM When a family member has special needs, siblings grow up fast. Parents sometimes speak of how life changed for them when they began caring for a child with disabilities, but for me, and for many siblings, the special needs household is our only frame of reference. Growing up, even [...]

Buying a House – More Questions

2024-05-06T14:24:50-04:00Tags: Finding Answers Housing|

This issue of The Voice is written by Martha C. Brown, CELA, a Special Needs Alliance member in St. Louis, Missouri. Martha limits 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 in Kansas City Magazine. 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 state wide task force to rewrite the guardianship code in Missouri.

Making a Difference with Sports

2024-05-09T15:10:15-04:00

By Scott Suzuki, Esq. I've been involved with Special Olympics for over a decade. Although anyone can benefit from sports— building self-confidence and a sense of belonging while improving overall health and fitness, strength and coordination—for individuals with disabilities, there are added dimensions. Changing a Life When I first started coaching, one of the newest [...]

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